Is it permissible for me to exchange a diamond ring for gold directly
with the trader? Please note that the ring is made of white gold set
with a diamond. If that is not permissible, I hopethat you can explain
the correct way to exchangethis ring for gold.
Praise be to Allah.
It is not permissible to sell gold for gold unless two conditions are
met: the exchange should take place in the same meeting in which the
agreement was reached,i.e., hand to hand; and they should be equal in
weight, because of the report narrated by Abu Sa'eed al-Khudri (may
Allah be pleased with him) who said: "Gold for gold, silver for
silver, likefor like, hand to hand. Whoever gives more or asks for
more has engaged in riba, and thetaker and the giver are the same."
Narrated by Muslim, 2971.
So it is not permissible tosell gold for gold of different amounts or
deferred payment; no differentiation is made between white gold or
other kinds of gold, because what is meant by white gold is nothing
more than gold to whichsome platinum has been added to make it white.
In fact it is still gold, but it is mixed with something else that did
not change it from beinggold. This has been explained previously in
the answer to question no. 68039
An-Nawawi (may Allah have mercy on him) said concerning the words
ofthe Prophet (blessings and peace of Allah be upon him), "Do not sell
gold for gold or silver for silver unless it is same for same":
The scholars said: This includes all kinds of goldand silver, both
high andlow quality, sound and broken, jewellery and ingots, and so
on, whether it is pure or mixed with something else. There is
scholarly consensus on all of that.
End quote from Sharh Muslim.
Secondly:
The correct way to do this transaction is to sell the ring for cash,
then buy whatever you want of gold and other things with the cash.
And Allah knows best.
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Tuesday, February 5, 2013
Dought & clear,- Is there any riba involved in selling pure gold for mixed gold?.
Dought & clear,- Ruling on dealing with mortgages in a non-Muslim country.
Perhaps my question hasbeen asked many times before. It is about
mortgages in non-Muslim countries. We live in a western society and we
live in rented accommodation so as to avoid riba. Recently we found
out that there are no houses for rent, and 96% of the market is based
on mortgages. All houses are offered for sale only.Some of them told
me that in this situation it is permissible for me to buy a house by
means ofa mortgage and, moreover, it is possible to get the mortgage
in the name of family insurance, so that the individual does not pay
riba or a mortgage; rather it is paid by the insurance. Is it
permissible to get a mortgage in the name ofthe family insurance, in
such a way that you and other trustees or borrowers are not dealing
directly with thebank and the lawyer takes care of dealing with the
mortgage on your behalf?
I hope that you can advise me as to whether that is permissible or not.
Praise be to Allaah.
A mortgage is a haraam riba-based transaction that is based on a loan
with interest in which the owner of the money takes as collateral the
property for the purchase of which the borrower is taking out the
loan, until the debt has been paid off along with the interest (riba).
If the debtor is late in making payments, then the owner of the money
is entitled to sell the property and take back his money.
This transaction is offered by riba-based banks or real estate
mortgage companies, and this transaction is done when the one whowants
to buy a house chooses a house, then hegoes to the mortgage company –
or to the riba-based bank – to ask them to buy that house and he
agrees to pay themoney in instalments, plus the interest that hasbeen
agreed upon. A representative of the company or bank meets with the
owner of the house and the third party, namely the borrower, and the
price of the house is paid in full to the owner. In some cases the
borrowerpays part of the price (down payment). And the contract is
signed with the borrower for the money paid to the owner of the house
plus the interest. The house ismortgaged to the mortgage company or
bank that pays the money to the owner of the house. If the borrower
fails to pay any instalment on his loan, the mortgage company has the
right tosell the house in order toget back the rest of the money that
it is owed bythe borrower.
This transaction clearly comes under the heading of blatant riba.
Allah, may He be exalted,has forbidden riba and has issued a warning
to those who consume it ofa severe punishment as He, may He be
exalted, says (interpretation of the meaning):
"Those who eat Riba (usury) will not stand (on the Day of
Resurrection) except likethe standing of a person beaten by Shaytaan
(Satan) leading him to insanity. That is because they say: "Trading is
onlylike Riba (usury)," whereas Allah has permitted trading and
forbidden Riba (usury). So whosoever receives an admonition from his
Lord and stops eating Riba (usury) shall not be punished for the past;
his case is for Allah (to judge); but whoever returns (to Riba
(usury)), such are the dwellers of the Fire - they will abide therein"
[al-Baqarah 2:275].
This riba-based transaction is not permissible either in Muslim
countries or non-Muslim countries; it is not permissible in order to
acquire houses or stores.
Some contemporary scholars have permitted this riba-based transaction
if it is in a non-Muslim country and it is done in order to acquire a
house in which to live. This permission is attributed to the Hanafi
madhhab, and some evidence is quoted for it. But many scholars have
challengedthis fatwa, including Shaykh Salaah as-Saawi (may Allah
preserve him)in his book Waqafaat Haadi'ah ma'a Fatwa Ibaahat
al-Qurood al-Ribawiyyah li Tamweel Shira' al-Masaakin fi'l-Mujtama'aat
al-Gharbiyyah.
mortgages in non-Muslim countries. We live in a western society and we
live in rented accommodation so as to avoid riba. Recently we found
out that there are no houses for rent, and 96% of the market is based
on mortgages. All houses are offered for sale only.Some of them told
me that in this situation it is permissible for me to buy a house by
means ofa mortgage and, moreover, it is possible to get the mortgage
in the name of family insurance, so that the individual does not pay
riba or a mortgage; rather it is paid by the insurance. Is it
permissible to get a mortgage in the name ofthe family insurance, in
such a way that you and other trustees or borrowers are not dealing
directly with thebank and the lawyer takes care of dealing with the
mortgage on your behalf?
I hope that you can advise me as to whether that is permissible or not.
Praise be to Allaah.
A mortgage is a haraam riba-based transaction that is based on a loan
with interest in which the owner of the money takes as collateral the
property for the purchase of which the borrower is taking out the
loan, until the debt has been paid off along with the interest (riba).
If the debtor is late in making payments, then the owner of the money
is entitled to sell the property and take back his money.
This transaction is offered by riba-based banks or real estate
mortgage companies, and this transaction is done when the one whowants
to buy a house chooses a house, then hegoes to the mortgage company –
or to the riba-based bank – to ask them to buy that house and he
agrees to pay themoney in instalments, plus the interest that hasbeen
agreed upon. A representative of the company or bank meets with the
owner of the house and the third party, namely the borrower, and the
price of the house is paid in full to the owner. In some cases the
borrowerpays part of the price (down payment). And the contract is
signed with the borrower for the money paid to the owner of the house
plus the interest. The house ismortgaged to the mortgage company or
bank that pays the money to the owner of the house. If the borrower
fails to pay any instalment on his loan, the mortgage company has the
right tosell the house in order toget back the rest of the money that
it is owed bythe borrower.
This transaction clearly comes under the heading of blatant riba.
Allah, may He be exalted,has forbidden riba and has issued a warning
to those who consume it ofa severe punishment as He, may He be
exalted, says (interpretation of the meaning):
"Those who eat Riba (usury) will not stand (on the Day of
Resurrection) except likethe standing of a person beaten by Shaytaan
(Satan) leading him to insanity. That is because they say: "Trading is
onlylike Riba (usury)," whereas Allah has permitted trading and
forbidden Riba (usury). So whosoever receives an admonition from his
Lord and stops eating Riba (usury) shall not be punished for the past;
his case is for Allah (to judge); but whoever returns (to Riba
(usury)), such are the dwellers of the Fire - they will abide therein"
[al-Baqarah 2:275].
This riba-based transaction is not permissible either in Muslim
countries or non-Muslim countries; it is not permissible in order to
acquire houses or stores.
Some contemporary scholars have permitted this riba-based transaction
if it is in a non-Muslim country and it is done in order to acquire a
house in which to live. This permission is attributed to the Hanafi
madhhab, and some evidence is quoted for it. But many scholars have
challengedthis fatwa, including Shaykh Salaah as-Saawi (may Allah
preserve him)in his book Waqafaat Haadi'ah ma'a Fatwa Ibaahat
al-Qurood al-Ribawiyyah li Tamweel Shira' al-Masaakin fi'l-Mujtama'aat
al-Gharbiyyah.
Paradise-Jannah,- Those who Ardently Hope for Paradise: The Party of Allah
Allah has inscribed faith upon such people's hearts, will reinforce
them with a spirit from Him, and admit them into Gardens with rivers
flowing under them, remaining in them timelessly, forever. Allah is
pleased with them, and they are pleased with Him. Such people are the
party of Allah. Truly it is the party of Allah who are
successful.(Surat al-Mujadala, 22)
Those believers to whomAllah has announced His promise of good news
have important qualities, as revealed in the Qur'an:
-They believe and do right actions. (Surat al-Baqara, 25)
- They fear Allah. (Surah Al 'Imran, 15)
- They spend for the cause of Islam in times both ease and hardship.
(Surah Al 'Imran, 134)
- They control their rage.( Surah Al 'Imran, 134)
- They pardon other people.( Surah Al 'Imran, 134)
- After they act indecently or wrong themselves, they remember Allah
and ask forgiveness for their wrong actions. (Surah Al 'Imran, 135)
- They do not knowingly persist in doing wrong actions. (Surah Al 'Imran,135)
- The obey Allah and his Messenger. (Surat an-Nisa', 13)
- They keep up prayer, spend in charity, believe in and support
Allah's messengers. (Surat al-Ma'ida, 12)
- They are truthful. (Surat al-Ma'ida, 119)
- They leave their homes for the cause of Allah and strive in Allah's
way with their souls and possessions. (Surat at-Tawba: 20)
- They do good. (Surah Yunus, 26)
- They humble themselves before their Lord. (Surah Hud, 23)
-They repent of their sins. (Surah Maryam, 60)
- They honor their trusts and contracts. (Surat al-Mu'minun: 8)
- They safeguard their prayers. (Surat al-Mu'minun: 9)
- They compete with oneanother in the doing of good deeds. (Surah Fatir,32)
- They are Allah's chosen servants. (Surat as-Saffat, 40)
- They believe in the Qur'an. (Surat az-Zukhruf, 69)
- They say "our Lord is Allah" and thereafter stand firm in their
faith. (Surat al-Ahqaf, 13)
- They are heedful. ( Surah Muhammad, 15)
- They turn toward Allah with their whole heart. (Surah Qaf, 32)
- They stand in awe of the Most Gracious, although He is beyond the
reach of human perception, and come unto Him with a heart returning in
repentance.(Surah Qaf, 33)
- They are the doers of good. (Surat adh-Dhariyat, 16)
- They ask for Allah's forgiveness before the dawn. (Surat adh-Dhariyat, 18)
- They are the forerunners. (Surat al-Waqi'a, 10)
- They always keep their word and fear a day whose evil will spread
far and wide. (Surat al-Insan, 7)
- They give food, despitetheir love for it, to the poor and orphans
and captives. (Surat al-Insan, 8)
- They give the appropriate respect to the Messenger of Allah. (Surat
al-Hujurat, 3)
them with a spirit from Him, and admit them into Gardens with rivers
flowing under them, remaining in them timelessly, forever. Allah is
pleased with them, and they are pleased with Him. Such people are the
party of Allah. Truly it is the party of Allah who are
successful.(Surat al-Mujadala, 22)
Those believers to whomAllah has announced His promise of good news
have important qualities, as revealed in the Qur'an:
-They believe and do right actions. (Surat al-Baqara, 25)
- They fear Allah. (Surah Al 'Imran, 15)
- They spend for the cause of Islam in times both ease and hardship.
(Surah Al 'Imran, 134)
- They control their rage.( Surah Al 'Imran, 134)
- They pardon other people.( Surah Al 'Imran, 134)
- After they act indecently or wrong themselves, they remember Allah
and ask forgiveness for their wrong actions. (Surah Al 'Imran, 135)
- They do not knowingly persist in doing wrong actions. (Surah Al 'Imran,135)
- The obey Allah and his Messenger. (Surat an-Nisa', 13)
- They keep up prayer, spend in charity, believe in and support
Allah's messengers. (Surat al-Ma'ida, 12)
- They are truthful. (Surat al-Ma'ida, 119)
- They leave their homes for the cause of Allah and strive in Allah's
way with their souls and possessions. (Surat at-Tawba: 20)
- They do good. (Surah Yunus, 26)
- They humble themselves before their Lord. (Surah Hud, 23)
-They repent of their sins. (Surah Maryam, 60)
- They honor their trusts and contracts. (Surat al-Mu'minun: 8)
- They safeguard their prayers. (Surat al-Mu'minun: 9)
- They compete with oneanother in the doing of good deeds. (Surah Fatir,32)
- They are Allah's chosen servants. (Surat as-Saffat, 40)
- They believe in the Qur'an. (Surat az-Zukhruf, 69)
- They say "our Lord is Allah" and thereafter stand firm in their
faith. (Surat al-Ahqaf, 13)
- They are heedful. ( Surah Muhammad, 15)
- They turn toward Allah with their whole heart. (Surah Qaf, 32)
- They stand in awe of the Most Gracious, although He is beyond the
reach of human perception, and come unto Him with a heart returning in
repentance.(Surah Qaf, 33)
- They are the doers of good. (Surat adh-Dhariyat, 16)
- They ask for Allah's forgiveness before the dawn. (Surat adh-Dhariyat, 18)
- They are the forerunners. (Surat al-Waqi'a, 10)
- They always keep their word and fear a day whose evil will spread
far and wide. (Surat al-Insan, 7)
- They give food, despitetheir love for it, to the poor and orphans
and captives. (Surat al-Insan, 8)
- They give the appropriate respect to the Messenger of Allah. (Surat
al-Hujurat, 3)
Paradise-Jannah,- Allah's Promise
To those who will come into His Presence as believers, Allah gives the
promise of Paradise, wherein they will remain forever. As there is no
doubt that this promise will be fulfilled, those who believe with
certainty will never doubt its truth. Moreover, if they have
surrendered their souls to Him as believers, they know that their sins
will be forgiven and that they will be accepted into Paradise. The
following verse makes this clear:
Gardens of Eden which the All-Merciful has promised to His servants in
the Unseen. His promise is always kept. (Surah Maryam, 61)
The fact that Allah has promised Paradise to believers brings them
anindescribable joy and enthusiasm. They know that Allah wills
Paradise for His faithful servants, and that He has made them its
heirs. Here is another verse that mentions this promise:
Is someone to whom We have promised good andwho then obtains it like
someone to whom We have given enjoyment inthe life of the world and
then, on the Day of Rising, is one of those brought to punishment?
(Surat al-Qasas, 61)
If Allah has promised Paradise to any individuals, they will attain
eternal blessings with Allah's permission. And when believers enter
Paradise, they will certainly express their thanks to Allah in this
way:
They will say: "Praise be to Allah Who has fulfilledHis promise to us
and made us the inheritors of this land, letting us settle in Paradise
wherever we want. Howexcellent is the wage of those who work." (Surat
az-Zumar, 74)
Believers who have beengiven the good news several times during their
earthly lives, and towhom Allah has promised Paradise, will receive at
the end of their lives that for whichthey hoped. Finally, that
long-awaited moment will come. The place thatthey have contemplated
throughout their lives, prayed to attain, and striven to be worthy of
isParadise - "the best place to be," and "the most beauteous of all
goals." This perfect placewas prepared for believers, and its doors
are opened to them.
The following verse gives a unique view about their entrance into Paradise:
Gardens of Eden that they will enter, and all oftheir parents, wives,
andchildren who have actedhonorably. Angels will enter in to welcome
them from every gate:"Peace be upon you because of your steadfastness!
How wonderful is the Ultimate Abode!" (Surat ar-Ra'd, 23-24)
They will be welcomed into Paradise "with greetings and [words
of]peace" (Surat al-Furqan, 75), and enter there "in peace, in
complete security!" (Surat al-Hijr, 46). There is only one thing left
to do: to discover the beauties of this eternal land prepared for
believers and endowed with every kind of blessing.
promise of Paradise, wherein they will remain forever. As there is no
doubt that this promise will be fulfilled, those who believe with
certainty will never doubt its truth. Moreover, if they have
surrendered their souls to Him as believers, they know that their sins
will be forgiven and that they will be accepted into Paradise. The
following verse makes this clear:
Gardens of Eden which the All-Merciful has promised to His servants in
the Unseen. His promise is always kept. (Surah Maryam, 61)
The fact that Allah has promised Paradise to believers brings them
anindescribable joy and enthusiasm. They know that Allah wills
Paradise for His faithful servants, and that He has made them its
heirs. Here is another verse that mentions this promise:
Is someone to whom We have promised good andwho then obtains it like
someone to whom We have given enjoyment inthe life of the world and
then, on the Day of Rising, is one of those brought to punishment?
(Surat al-Qasas, 61)
If Allah has promised Paradise to any individuals, they will attain
eternal blessings with Allah's permission. And when believers enter
Paradise, they will certainly express their thanks to Allah in this
way:
They will say: "Praise be to Allah Who has fulfilledHis promise to us
and made us the inheritors of this land, letting us settle in Paradise
wherever we want. Howexcellent is the wage of those who work." (Surat
az-Zumar, 74)
Believers who have beengiven the good news several times during their
earthly lives, and towhom Allah has promised Paradise, will receive at
the end of their lives that for whichthey hoped. Finally, that
long-awaited moment will come. The place thatthey have contemplated
throughout their lives, prayed to attain, and striven to be worthy of
isParadise - "the best place to be," and "the most beauteous of all
goals." This perfect placewas prepared for believers, and its doors
are opened to them.
The following verse gives a unique view about their entrance into Paradise:
Gardens of Eden that they will enter, and all oftheir parents, wives,
andchildren who have actedhonorably. Angels will enter in to welcome
them from every gate:"Peace be upon you because of your steadfastness!
How wonderful is the Ultimate Abode!" (Surat ar-Ra'd, 23-24)
They will be welcomed into Paradise "with greetings and [words
of]peace" (Surat al-Furqan, 75), and enter there "in peace, in
complete security!" (Surat al-Hijr, 46). There is only one thing left
to do: to discover the beauties of this eternal land prepared for
believers and endowed with every kind of blessing.
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