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Friday, February 21, 2014

Dought & clear, - He bought things and has not paid for them.


















My husband bought some things from some of the kuffaar using a credit card, and he had not paid for them. Is this stealing?.
Praise be to Allaah.
Undoubtedly a person who buys something then does not pay for it is stealing it, and stealing is a major sin, for which the Lawgiver has stipulated the hadd punishment of cutting off the right hand:
“And (as for) the male thief and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allaah”
[al-Maa'idah 5:38 – interpretation of the meaning]
The one who does this must also give back to people what is rightfully theirs. Whoever does not this is exposing himself to punishment and disgrace.
It was narrated that Abu Humayd al-Saa’idi said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “By Allaah, none of you takes something that is not rightfully his but he will meet Allaah carrying it on the Day of Resurrection. I shall certainly recognize some of you coming to meet Allaah carrying a camel bellowing, or a cow mooing, or a sheep bleating.” Then he raised his hand so high that I could see the whiteness of his armpit and said, “O Allaah, have I conveyed (the message)?” (Narrated by al-Bukhaari, 6578; Muslim, 1832).
This person can return the property to its owner in whatever way he sees fit, without exposing his identity to him. If the person from whom it was stolen is in a place that he cannot reach, or he does not know who he is, then he has to give the value of the item in charity on behalf of its owner. If he knows the person then he may give him the choice between his accepting the fact that he gave charity on his behalf or taking what is rightfully his. If he chooses the charity option, he will have the reward of that, otherwise he (the thief) must give him what is rightfully his, and the (reward for) charity will go to the one who has repented, if his repentance is sincere.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
If you have stolen from a person or from an organization, then you have to contact the person from whom you stole, and tell him “I have such and such that belongs to you.” Then you have to come to an agreement. But a person may feel that this is too difficult and that he cannot go to a person and say – for example – “I stole such and such from you and I took such and such from you.” In this case, he can make sure that this money – for example – reaches him in another, indirect, manner. For example, he could give it to one of the person’s friends, tell him the story and say, “I have now repented to Allaah and I hope that you will give it to him.”
If he does that, then Allaah says (interpretation of the meaning):
“And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty)”
[al-Talaaq 65:2]
“and whosoever fears Allaah and keeps his duty to Him, He will make his matter easy for him”
[al-Talaaq 65:4]
If we assume that you have stolen from someone and you do not know who he is or where he is, then this is easier, because you can give in charity an amount equal to what you stole, with the intention that the reward be for the owner (of the stolen goods). In that case you will have discharged your duty.
The story told by the questioner shows that a person must keep away from such things, because he may steal in a moment of ignorance and foolishness, and not get caught, but then if Allaah blesses him with guidance, he will have a hard time ridding himself of that.
Fataawa Islamiyyah, 4/162
The scholars of the Standing Committee said, concerning a soldier who stole from a person:
If he knows who the person is or knows someone who knows him, then he has to look for him and give him his silver coins, or the equivalent, or whatever he agrees upon with him. But if he does not know who he is, or he thinks that he will never find him, then he should give an equivalent amount of money in charity on behalf of the owner. Then if he finds him after that, he should tell him what he has done. If he accepts what he has done (giving charity), all well and good; and if does not accept what he did and asks him for his money, he should give it to him, and the (reward for) the charity will then be his. And he must ask Allaah for forgiveness and repent to him, and make du’aa’ for the owner.
Fataawa Islamiyyah, 4/165
And Allaah knows best.







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Dought & clear, - Is it permissible for him to kill practitioners of witchcraft without the permission of the authorities?.


















Witchcraft is widespread in our land and they annoy and harm the people. Is it permissible to kill them so that the people will be spared their evil?
Please note that our government allows them to work and takes taxes from them.
Praise be to Allaah.
Firstly:
If it is proven that a person is doing witchcraft then it is obligatory to kill him because of his evil and the harm that he is doing to people. This has been explained in the answer to question no. 13941.
What is required of those whom Allaah has placed in authority over people is to rule them in accordance with that which Allaah has revealed. Allaah says (interpretation of the meaning):
“And so judge (you O Muhammad) among them by what Allaah has revealed and follow not their vain desires”
[al-Maa’idah 5:49]
“And whosoever does not judge by what Allaah has revealed, such are the Kaafiroon (i.e. disbelievers — of a lesser degree as they do not act on Allaah’s Laws)”
[al-Maa'idah 5:44]
“And whosoever does not judge by that which Allaah has revealed, such are the Zaalimoon (polytheists and wrongdoers — of a lesser degree)”
[al-Maa’idah 5:45]
“And whosoever does not judge by what Allaah has revealed (then) such (people) are the Faasiqoon [the rebellious i.e. disobedient (of a lesser degree)] to Allaah”
[al-Maa'idah 5:47]
It is not permissible at all to annul a punishment prescribed in sharee’ah. Even worse and more abhorrent than that is approving of the haraam deed and allowing the practitioner of witchcraft to work his magic in return for paying taxes.
This is a betrayal of trust which the ruler will be asked about on the Day of Resurrection, the Day on which he will bite his hand in regret, but it will be to no avail. Allaah says (interpretation of the meaning):
“And (remember) the Day when the Zaalim (wrongdoer, oppressor, polytheist) will bite at his hands, he will say: ‘Oh! Would that I had taken a path with the Messenger (Muhammad).
28. ‘Ah! Woe to me! Would that I had never taken so‑and‑so as a Khaleel (an intimate friend)!
29. “He indeed led me astray from the Reminder (this Qur’aan) after it had come to me. And Shaytaan (Satan) is to man ever a deserter in the hour of need.’”
[al-Furqaan 25:27-29]
Secondly:
If the ruler does not do what is required of him of carrying out punishments prescribed in sharee’ah, then no one of the Muslim masses has the right to do that, because punishments first require proof that this person deserves this punishment, then they require the authority to carry them out.
If the door is opened for people to carry out the shar’i punishments, chaos will reign in society and no one’s life or wealth will be safe.
The scholars of the Standing Committee said:
The one whose job it is to establish proof of witchcraft and carry out those punishments is the ruler who is in charge of the Muslims’ affairs, so as to ward off evil and to close the door to chaos.
Fataawa al-Lajnah al-Daa’imah(1/552).
In the answer to question no. 13941we have quoted the words of Shaykh Sulaymaan al-‘Alwaan:
Once it is proven that a person is guilty of practicing magic, then he must be killed. This was proven from a group of the Sahaabah, but it is not for individuals to carry out this hadd punishment without the command of the ruler or his deputy, because carrying out the hadd punishments without the authority of the ruler may lead to mischief, and destroy any sense of security in the society, and undermine the position of the ruler. End quote.
We have mentioned the conditions of the ruler in carrying out hadd punishments in the answer to question no. 8980, where we mentioned that there is scholarly consensus on this point.
You have to warn the people against this practitioner of witchcraft and against going to him, and explain that this action may lead a person to kufr and going beyond the pale of Islam.
And Allaah knows best.







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For children, - Islamic Society (Muslim Society): She refrained him from committing a Sin!



















There was a hermit in Bani Israel. He was absolutely free from sins. Upon seeing this, the head Satan (Shaitan) called his cohorts and asked which one of them could mislead this man?
One of them volunteered and Satan asked what method he would use? He said through women. The head Satan told him that he would not succeed because the sage was oblivious to sexual pleasure.
Another Satan rose up and said he would deviate him through wine and sensuality. The head Satan said that he too was unsuitable for this job because the sage was not interested in these things.
A third Satan stood up and said that he would cause him to err through good deeds and noble character. The head Satan said that indeed he was fit for the job. This Satan, at once went to the place where the sage was engrossed in his meditation, and stood up beside him and began to pray Salah (Salat, Namaz). The sage was feeling sleepy but the Satan continued to perform prayers. When the sage got tired he would take a rest but the Satan did not take a break.
The sage felt himself inferior and went to the Satan to ask him the secret of his stamina in praying Salah (Salat, Namaz). The Satan did not give any reply and the sage reiterated his question. Yet there was no response from the Satan. When the sage asked him the third time the Satan said, "The fact is that I had committed a great sin (Gunah- e-Kabira)and since then whenever I remember my sin, I get impetus to worship more."
The sage asked him what sin he had committed so that even he can do it and gain the stamina to worship so much. The Satan said, "Go to a particular prostitute in the town, pay her two dirhams and fulfill your needs with her."
"From where can I get two dirhams?" asked the sage, "I don't even know what a Dirham means". The Satan took out two dirhams from under his feet and gave them to the sage and also gave him his cloak and sent him towards the city.
The sage sought the address of the prostitute. The people guided him thinking that he was going to her to guide her towards morality. The sage gave the two dirhams to the woman and asked her to entertain him.
The prostitute invited him inside with respect and said, "Pious people like you do not visit prostitutes. Why have you taken such a step?" The sage explained his aim in detail. The woman told him, "Actually, avoiding a sin is easier than repenting for it. Because it is not necessary that a sinner will get a chance to repent. I think that the one who has advised you for this is Satan, who has assumed a human form to mislead you. Go back to your place and you shall find him missing."
The sage returned home and by chance the prostitute died the same night. In the morning people saw the following inscribed on her door: "Take part in the funeral of this woman, she is from the people of Paradise."
The people fell into doubt and were so astounded that for three days they were not able to bury her. Till the Almighty Allah (SWT) revealed upon His Messenger, Musa Ibn Imran (as) [ Prophet Moses (pbuh)] to recite her funeral prayer and also command the people to participate in it. "Because she had prevented a servant of Mine from committing a grievous sin. So I have forgiven all her sins and made Paradise incumbent on her."
Have you refrained anyone today from committing a sin? How fortunate are those who practice Amar Bil Maroof (enjoining the right) and Nahi Anil Munkar (forbidding the wrong) everyday in an Islamic Society/Muslim Society.








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