Fathwa - Buying a car through a finance company

Question
I would like to buy a car through a finance company paying a down
payment and rest will be in 36 months installments. My question is,
there will be an interest calculation on this deal. Hence the car
company tied up a deal with a certain finance company, i will not able
to go for any other finance company. Moreover, i also working in the
same car company and the company is giving a staff discount onthis
deal and that amount will be higher than the total interest. pls.
clarify.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that
MuhammadisHis slave and Messenger.
If the finance company owns the car first and thecar becomes in its
possession before it sells it to you and the company does not set a
condition that you will be fined in case of delay in payment, then it
is permissible for you to deal with it, but if the company only pays
the price on your behalf to the car company and then it gets the price
from you with interest, then this is Riba (interest and/or usury)
which is forbidden.
For more benefit on purchasing by installment and its conditions and
the permissible and impermissible method of buying by installment,
Allaah Knows best.

Belief in the Hereafter

Belief in the Hereafter is one of the six pillars of Islamic belief
required of a Muslim in order to complete his faith. The
Prophetinformed us about events of the Ghayb (those beyond human
perception) which will occur after death. This fundamental belief is
only completed when one has firm faith in his heart in all those
matters about which the Prophetinformed us.
Ahlus-Sunnah Wal-Jamaa'ah (mainstream Muslims) believe in all of these
events, whereas the people of innovation refuse to accept events such
as the questioning in the grave, the bliss andthe trials of the grave,
the punishment in the grave, the passing over the Siraat (the Bridge
set over Hell), and the settingof the scales. The reason for their
denial is that, in their estimation, these matters cannot be proven by
mere intellect. Since they consider their intellect to be the judge
over everything, they do not believe in matters which are beyond their
comprehension.
Materialists refuse to believe in anything which they do not feel.
Our answer to this attitude is that our inability to sense the
existence of certain things does not justify our denial of the very
existence of those things. Certitude through news from an authentic
personis as good as the certitude by seeing and feeling. Since the
honesty of Prophet Muhammadin conveying the Divine Message revealed to
him has been established for us, we-believers- firmly believe in
everything hetold about the unseen,including the Hereafter. Belief in
the hereafter entails the following:
(A) Belief in Events of the Grave
Ahlus-Sunnah Wal-Jamaa'ah believe in the trial of the grave. TheArabic
word for trial is 'Fitnah', which linguistically means to place gold
in fire in orderto remove its impurities; this word was thus later
used in the sense of testing and trying.
The Quranic evidence concerning this issue is inthe following verse in
which Almighty Allaah describes the punishmentof the people of Fir'awn
(Pharaoh); He, the Most Exalted, Says (what means):"The Fire: they are
exposed to it morning and evening. And the Day the Hour appears [it
will be said]: 'Make the people of Pharaoh enter the severest
punishment.'"[Quran 40:46]
Also, the Prophetsaid:"The grave is either a garden from the Gardens
ofParadise, or a pit from the pits of Hell."[At-Tirmithi]
(B) Events of the Day of Judgement
After the duration of this earth is over, Allaah will command
Israafeel [the Angel in charge of blowing the Trumpet] to blow it. At
the first blowing, all the inhabitants of the heavens and the earth
will fall unconscious, except those for whom Allaah Wills otherwise.
Then, the earth will be flattened and the mountains will be made into
floating sand dunes. In short, everything will occur that Allaah has
informed us about in His book, especially in chapters 81 and 82 of
theNoble Quran.
Then Allaah will command the skies to pour rain. This rain will
resemble the sperm of men. People will then be resurrected from their
graves. This process will start from their vertebral column. The
entire body of a person decays after his death except the lower end of
the vertebral column. This process of resurrection will continue until
they are transformed back into their original shape and bodies.Allaah
will then command Israafeel to blow the Trumpet for the second time,
upon which people will rise from their graves alive. The disbelievers
and the hypocrites will then be regretful and will say (what
means):"…Woe to us! Who has raised us up from our sleeping
place?"[Quran: 36:52] Whereas the believers will say (what
means):"…This is what the Most Merciful had promised, and the
Messengers spoke the truth."[Quran 36:52]
Then angels will drive all of them naked, uncircumcised, and
barefooted to the place of Hashr (Gathering).
The first one to be dressed on that Day will be Prophet Ibraaheem. At
the place of Gathering, the sun will descend close to the heads of
people, and their sweat will engulf them. It will be up to the ankles
of some of them, up to the knees of others,up to the chests of others,
and up to the necks of others. The level of their sweat will be in
accordance with their deeds.
Some people on that Day will be sheltered by the shade of the Throne
of Allaah. When the conditions become unbearable for people, and the
despair increasesgreatly, people will ask Allaah to allow His
messengers and prophetsto intercede on their behalf and save them from
their distress. Every messenger and prophet will direct the people to
the prophet who came after him, until they come to our Prophet
Muhammad. He will respond by saying that he is the appropriate person
for it. He will intercede for them, which will result in the beginning
of Judgement.
C- The Balances
The balances will then beerected, and the deeds will be weighed. These
balances will be real and will have pans and needles. Allaah, the
Exalted and Glorified, willgive the deeds of the creatures a material
existence that will have weight. The good deeds will be placed in one
pan and the evil deeds in the other, as Allaah informs us in the Quran
by Saying(what means):"And We shall set up balances of justice on the
Day of Resurrection, then none will be dealt with unjustly in
anything. And if there be the weight of a mustard seed, We will bring
it. And Sufficient are We to take account."[Quran 21:47]
D-The Records
This will be followed by the disclosure of the record of deeds. He who
will receive his record in his right hand will have an easy reckoning.
He will return to his family in happiness. However, he who will
receive his record from behind and in his left hand will seek death on
that Day, as he will be thrust into the Hellfire. He will be full of
regrets on that Day and will wish that he were not handed his record
or that he had not known about it. Allaah Says (what means):"Then as
for him who is given his record in hisright hand. He will be judged
with an easy account. And return to his people in happiness. But asfor
he who is given his record behind his back. He will cry out for
destruction. And [enter to] burn in a Blaze."[Quran 84:7-12]
All the events that are bound to occur after death and on the Last
Day, like reward and punishment,ParadiseandHell, the Reckoning and
other events are mentioned in detail in the Divine revelations and in
narrations from the prophets. They are also available in the knowledge
which the Prophethas left us as his inheritance; whoever wishes to
seek it will findit.

Married life between extravagance and stinginess

The following are phrases often heard from one spouse about theother:
"My husband is stingy"; "My husband does not buy me mynecessities";
"My husband gives money to his family and does notgive me anything";
"My wife exaggerates in her spending"; "My wife does not care about
saving, nor does she care how hard I work"; "My wife asks for too many
things," and so on.
It is difficult to find a household without such problems; the husband
accuses the wife of exaggerating in her expenditure and she accuses
him of being miserly; this leads to fights and disturbs married life,
and could, in some cases, lead to divorce and the complete destruction
of the family structure.
This problem, in all cases, occurs due to the lack of understanding of
the rights that each spouse has upon the other. One of the greatest
rights of the wife upon her husband is that he provides for her, and
his spending and providing for her is considered Islamically to be one
of the best ways that he could spend in charity; this includes food,
drink, clothing, housing and anything else a wife might need to
maintain her strength and live a normal life.
Allaah informs us that it is the duty of men to provide for their
wives, and this is one of the reasons men were made superiorto women,
as Allaah Says (what means):"Men are in charge of women by [right of]
what Allaah has given one over the other and what they spend [for
maintenance] from their wealth…"[Quran 4: 34]
There are many evidences from the Quran, the Sunnah and the consensus
of the Muslim scholarsproving that it is mandatory upon a man to
provide for his wife. In the Quran, Allaah Says (what means):"…And
upon the father is their [i.e. the mothers'] provision and their
clothing according to what is acceptable. No person is charged with
more than hiscapacity…"[Quran 2: 233]
There are many narrations in the Sunnah proving the obligation upon
the man to provide for his wife, children and anyone else who lives
under his guardianship,such as:
· Jaabir Ibn 'Abdullaahnarrated that the Prophetsaid in his Farewell
Pilgrimage:"Fear Allaah and treat women kindly - they are like
captives in your hands. You have been entrusted with them and are
ableto enjoy them based on the contract you have conducted. Their
right upon you is that you should treat them well in the matter of
food and clothing."[Muslim]
· `Amr Ibn Al-Ahwas Al-Jushamireported that he had heard the
Prophetsaying on his Farewell Pilgrimage, after praising and
glorifying Allaah andadmonishing the people:"Fear Allaah and treat
women kindly - they are like captives in your hands. If they become
rebellious in their behaviour, then do not share their beds and beat
them lightly; but if they return to obedience then you do not have
recourse to anything else against them. You have rights over your
wives and they have their rights over you. Your right is that they
shall not permit anyone you dislike to enter your home, and their
right is that you should treat them well in the matter of food and
clothing."[At-Tirmithi]
· Mu`aawiyah Ibn Haydahreported: "I asked the Messenger of Allaah"What
right can any wife demand of her husband?'' Hereplied:"Give her food
when you eat, clothe her when you clothe yourself, do not strike her
on the face, and do not revile her or separate from her except within
the house."[Abu Daawood] Imaam Al-Khattaabi, may Allaah have mercy
upon, himsaid: "This proves the obligation of spending on wives and
providing clothing for them, but it should be in accordance to the
ability of the husband. The Prophetmade this mandatorywhether the
husband is present or travelling, and if he is unable to, then it
remains a debt on him which he must repay whenever he returns."
· Wahbsaid: "One of the servants of 'Abdullaah Ibn 'Umarsaid to him
(i.e., to Ibn 'Umar): `I plan to stay here in Jerusalem for a month.`
So Ibn 'Umar enquired: `Did you leave enough to sustain your family
during your absence?` He replied: `No`, so Ibn 'Umarsaid: `Go back and
give them what will suffice them during your absencebecause I heard
the Prophetsay:"Neglecting one's own dependents is reason enough for a
man to be committing a sin."[Abu Daawood] In the narration of this
story found in the book of Imaam Muslimthe Messenger of
Allaahsaid:"Itisenough sin for a person to hold back the due of one
whose provision is in his hand."
· Abu Hurayrahsaid: "I heard the Prophetsay:"It is far better for you
to take your rope, go to the mountains, (cut some firewood), carry it
on your back, sell it and thereby save your face (from shame) than beg
from people, regardless of whether they give to you or refuse you. The
upper hand is better than thelower one (i.e., the spending hand is
better than the receiving hand); and begin (charity) with those who
are under your care."It was asked: `Who are those thatare under my
care?' Hereplied:"Your wife and those (others) under your
guardianship."[Muslim]
Imaam Ibn Qudaamah, Imaam Ibn Al-Munthir and othershave said: "It is
the consensus of the Muslim scholars that spending on the wife is
mandatory upon the husband, unless the wife is disobedient."
The abovementioned texts prove that it is mandatory for one to provide
for his family and household and care for them. There are many
prophetic narrations indicating the virtue ofspending and providing
for one's family and household, such as the narration of Abu Moosaa
Al-Ansaariwho reported that the Messenger of Allaahsaid:"Whenever one
spends something in charity on his family, sincerely for the sake of
Allaah, he will be rewarded for it"[Al-Bukhaari]
Imaam Ibn Hajrsaid: "Providing for and spending on one's family is
mandatory even though it is referred to as charity in the texts; the
reason for it being referred to as charity is so that people will not
mistakenly think that they will not attain reward for spending in such
a way. Allaah clarified this so that people will not spend in charity
externally until they have sufficedtheir own household and encouraged
them by calling it charity."
Sa`d Ibn Maalikreported that Messenger of Allaahsaid to him:"You will
not spend anything in charity for the sake ofAllaah except that you
will be rewarded for it; even the morsel of food which you feed your
wife."[Al-Bukhaari & Muslim]
Abu Hurayrahreported: "The Messenger of Allaahsaid:"(of the following
types of expenditure): A Deenaar (i.e., a gold unit of currency) which
you spend in Allaah's way, or to free aslave, or as a charity you give
to aneedy person, or to support your family, the one yielding the
greatest reward is that which you spend on your family."[Muslim]
Ka'b Ibn 'Ajrahnarrated: "TheProphetonce passed by a group of his
Companions and saw one of them working hard while the rest of them
were saying: `It would have been rewarding if this hard work was
exerted for the sake of Allaah.' Sothe Prophetremarked:"If he has gone
out of his house striving to provide for his young children, then it
is considered as for the sake of Allaah; and if he has gone out
striving to provide for his old parents, then it is considered as for
the sake of Allaah; and if he has gone out striving in order to
suffice himselffrom having to ask others for money, then it is
considered as for the sake of Allaah; but if he has gone out (for the
sake of) boasting and showing off to others, then it is considered as
(going out) for the sake of Satan."[At-Tabaraani]
Our righteous Salafunderstood this obligation very well and it
reflected in their statements, such as the saying ofthe devout Imaam
'Abdullaah IbnAl-Mubaarakwhen he said: "Nothing can equal this in
other forms of spending - even spending in Jihaad for the sake
ofAllaah."
On the other hand, the wife has to realise that her husband is only
obliged to spend according to his ability and financial condition, as
Allaah Says (what means):"Let a man of wealth spend from his wealth,
and he whose provision is restricted — let him spend from what Allaah
has given him. Allaah does not charge a soul except [according to]
what He has given it. Allaah will bring about, after hardship, ease
[i.e. relief]."[Quran 65: 7]
Therefore, she has no right to overburden her husband with difficult
demands, because this contradicts the kindness that spouses should
have with each other. Additionally, Allaah warns us against excessive
spending, saying (what means):"Indeed, the wasteful are brothers of
the devils, and ever has Satan been tohis Lord ungrateful."[Quran 17:
27]
The wife should take into consideration the financial condition of her
husband and be conservative in her spending and demands; she should
sacrifice certain requests lest she might cause her husband emotional
anguish.
Conversely,the husband should not be stingy if Allaah provides him
with wealth; he should not deprive his wife of what other women of her
social status have of adornment, clothing and so forth, according to
his ability; he should also never remind her of what he is doing for
her. The husband should also know that financial inability can be made
upfor by kind words to the wife. When Allaah mentioned kindnessto
kinfolks, He highlighted how those who do not have financial ability
should behave and speak, saying (what means):"And if you [must] turn
away from them [i.e. the needy] awaiting mercy from your Lord which
you expect, thenspeak to them a gentle word."[Quran 17: 28]
Imaam Ibn Katheersaid, commenting upon this verse: "Meaning, when
one's relatives orothers whom he is commanded to support ask for help
while onehas nothing to give them, then he should promise them while
being kind and gentle in tone that when Allaah provides for him, he
will give to them."
Finally, both spouses should remember that kind words and good manners
make the other forget the hardships and tight financial situation they
are in, and help them endure patiently.

Forced marriages

May a father force his virgin daughter who attained puberty to marry?
Two well-known opinions in this regard are reported from Imaam Ahmad:
1.That he may compel her to. This is also the opinion of Maalik,
Ash-Shaafi`ee, and others.
2- That he may not. This is the opinion of Abu Haneefahandothers, and
is the correct one.
People have differed concerning the reason permitting the compulsion:
whether it is virginity, the daughter being under-aged, or a
combination of both. The correct opinion is that it is due to her
being under-aged,whereas no one can compel a grown-up virgin in
marriage. AbuHurayrahreported that the Prophetsaid:"A non-virgin woman
may not be married without her command, and a virgin may not be
married without her permission; and enough permission for her is to
remain silent (because of her natural shyness)."[Al-Bukhaari, Muslim &
Others]
Thus, the Prophetprohibited forcing a virgin in marriage without her
permission, whetherby her father or anyone else. Furthermore,
`Aa'ishahrelated that she once asked the Prophet: "In the case of a
young girl whose parents marry her off, should her permission be
sought or not?" Hereplied:"Yes, she must give her permission."She then
said: "But avirgin would be shy, O Messenger of Allaah!"
Hereplied:"Her silence is [considered as] her
permission."[Al-Bukhaari, Muslim, & Others]
This applies to the father as well as others. Furthermore, Islam does
not give the father the rightto use any of his daughter's wealth
without her permission, how then could he be allowed to decide,
without her permission, how her body (which is more important than her
wealth) is to be used, especially when she disagrees with that and is
mature enough to decide for herself?
Also, there is evidence and consensus in Islam to restrict an underage
person's free control ofhis wealth or person. However, tomake
virginity a reason for the restriction contradicts that Islamic
principle.
As for the difference between thenon-virgin and virgin in the Hadeeth
(narration) of the Prophetit is not a distinction between compulsion
and non-compulsion; the difference between the two cases is that:
(a)The non-virgin gives her instructions for the marriage whereas the
virgin gives permission, and that
(b)The virgin's silence counts as permission. The reason for this is
that a virgin would be shy to discuss the matter of marriage, so she
is not proposed to directly; rather, her Wali (legal guardian) is
approached, he takesher permission, and then she gives him the
permission, not thecommand to marry her.
As for a non-virgin, she would not have the shyness of a virgin
anymore; thus she can discuss the matter of her marriage. She can be
proposed to, and she gives the command to her Wali to perform the
marriage, and he must obey her.
Thus, the Wali is command-executor in the case of the non-virgin, and
is permission-seeker in the case of the virgin. This is what the words
of the Prophet sallallaahu' alayhi wa sallam indicate.
As for compelling her to marry against her will, this would contradict
Islamic Law. Allaah, the Exalted, did not permit a Walito force her to
sell or render her property without her permission.Nor did He permit
him to force her to eat or drink or wear that which she does not wish.
How could he (the Wali) then oblige her to accompany and copulate with
a person whose company she hates - at the time when Allaah has
inseminated love and mercy between the two spouses?If such company
happens, despite her hatred and repulsion,where is the love and mercy?
Source: 'Al-Masaa'il Al-Maardeeniyyah' by: Imaam Ibn Taymiyyah