Islamic Voice
Jamadi Ul Akhir 1422
September 2001
Volume 15-09 No:177

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FIQH


Fiqh Seminar: Investing Zakat Money, Business and Nikah on Internet

Fiqh Seminar

Investing Zakat Money, Business and Nikah on Internet

The 13th juristic seminar of the Islamic Fiqh Academy held on April 13-16 at Jamia Syed Ahmed Shaheed at Katauli in Malihabad district of Uttar Pradesh took the following decisions after debate and discussion:

Investing the Zakat Money

* The beggars and the needy have ownership rights on whatever they receive in zakat. If a beggar or needy person or a group of them invest the money received in zakat in a business to benefit from the capital in the days to come, it will be permitted and the person who has given money will be treated as the payer of zakat.

* A person or group paying the zakat are not permitted to invest the zakat money in a beneficial business in order that the proceeds are distributed among those entitled for receiving zakat. The zakat will not be treated paid in this manner.

* According to shariah it is permitted to purchase certain machines and equipment keeping in view the industry and craft in which the beggars and needy persons may be interested and give the same in the latter’s possession. It is also permitted that taking into consideration the commercial needs of a beggar, a shop is built with the zakat money and is given in possession of the beggar. Thus the persons spending money on the equipment or the shop will be treated as having paid the zakat.

* If someone builds houses or shops and gives the same to beggars and the needy for residence and commercial activities without making the occupants owners of the property it will not be treated as payment of zakat.

* While paying zakat care should be taken that the needy persons entitled for zakat in one’s neighbourhood are not ignored.

Forced Marriages

Taking cognizance of incidents in Britain and other Western countries of forcing girls by their guardians to marry the men of latter’s choice, the Islamic Fiqh Academy took the following decisions:

* On the attainment of adulthood the shariah gives to a boy or girl right to choice in the matter of marriage and make decision about themselves. This individual freedom is one of the characteristics of the Islamic shariah.

* It will be quite unfair on the part of a guardian to force his ward to take in marriage a person whom he or she does not like. Guardian’s insistence on his choice and using coercive means to make his ward yield amounts to violation of individual right which the shariah never approves.

* In case a shariah judge or a legal body is convinced of the coercive means resorted to by a girl’s guardian to force her for marrying a male she does not like and has been made to pronounce consent under threat and the girl does not agree to continue this alliance and demands separation while the husband is not prepared to be separated from her, the shariah judge has right to nullify the nikah in order to save the girl from injustice.

* However, it is better for boys and girls to prefer the marriage proposal offered by their guardians. This is because the guardians due to the love and affection they give to youngsters and the experiences of life they possess are expected to take into consideration the interest of their offspring or wards.

Business Deals on Internet

The Academy also discussed the business deals on Internet. It decided the following:

* In a sale deal the proposal and consent will be acceptable if done through telephone and video conferencing. If the parties are present at a time on Internet and the consent is expressed from the second party soon after the proposal is made by the first one, the deal will be confirmed and the parties will be treated as muttahidul majlis or parties present while negotiating the deal.

* In case one party proposed a deal on the Internet and the second party was not then present on the Internet. The second party latter received the message. This will be mode of business through writing. The moment the second will read the message he will have to express this consent instantly.

* In case both buyer and seller want to keep a secret of their deal and use a secret code any attempt on the part of third person to decode the secret will be unfair. However, if the right of preemption of shariah right of a person is involved in that contract or deal he has right to know about the secret deal being negotiated between the two parties.

Nikah on Internet

* The matter of nikah is more complex than a sale deal as the former involves an aspect of ibadah and requires two witnesses. Therefore, direct proposal of marriage and pronouncement of consent on Internet, video conferencing and telephone is not reliable. However, Nikah will be valid in case an attorney is appointed for Nikah proceedings on these electronic media and the two parties make proposal and pronounce consent before their witness on behalf of the attorney. In such an arrangement the witnesses should have been familiar with the person appointed as attorney or his name with his father’s name and residential address is mentioned at the time of proposal and consent.

* Note: The Islamic Fiqh Academy is an important body of Islamic scholars and jurists. Some of the decisions of 13th juristic seminar are being reproduced in these columns devoted to fiqh. Islamic Voice does not necessarily concur with the opinion expressed or decisions taken by the Academy.
(Islamic Fiqh Academy (India), 161 F Jogabhai, Jamia Nagar, New Delhi- 110025, Tel: 011-6821779/6820318, Fax: 011-6926106, http://www.ifta.indra.org)

Participants

Prominent academic personalities of Islamic world who attended the seminar at Katauli among the 120 scholars:
Dr. Rawas Qilaji, Kuwait
Abdul Rahman Abdullah Al Mahmood, Director of Courts, Qatar
Dr. Mohammad Mahroos Al Mudarris, Iraq
Dr. Nooruddin Khadimi, Imam Muhammad bin Saud University, Riyadh
Shaikh Muhammad bin Abdul Aziz Al Khaziri, Saudi Arabia
Dr. Tariqul Islam & Maulana Abul Raza Nizamuddin, Bangladesh
Among Indian religious scholars and jurists who attended the seminar were
Mufti Mohd. Zafeeruddin Miftahi, Darul Uloom Deoband,
Maulana Syed Nizamuddin, Ameer Shariat, Patna
Qazi Mujahidul Islam Qasmi, President, All India Muslim Personal Law Board
Syed Mohammad Rabey Hasani Nadvi, Rector Nadwatul Ulama, Lucknow
Burhanuddin Sanbhali, Nadwatul Ulama, Lucknow
Yaqoob Ismail Munshi
Syed Salman Hasani Nadvi
Abdullah Abbas Nadvi
Abdul Ahad Tarapuri, Gujarat,
Zubair Ahmad Qasmi, Bihar
Sharif Umri, Kerala,
Mufti Jamil Ahmad Naziri, Azamgarh
Abul A’as Wahidi, Naib Ameer State Jamiat Ahle Hadith, Eastern UP
Qazi Abdul Jaleel, Qazi, Imarat -e-Shariah, Patna
Mufti Mahboob Ali Wajihi, Rampur and Anisur Rahman Qasmi, Nazim, Imarat-e- Shariah, Patna

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