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Can I Give a Muslim a Silver Necklace?

Answered by Ustadha Shazia Ahmad

Question:

I am a Christian American and want to understand some Shafi’i Muslim customs. I have a friend who is Kurdish, Shafi`i Muslim and lives in Turkey. Can I send her a gift of a silver necklace with a small pendant holding an opal, and two diamond chips? Is this something allowed in her religion?

Answer: Thank you for your question. Yes, it is permissible for you to give her such a gift, as Muslim women are allowed to wear any precious metals and jewels. I pray that Allah increases you in every good and preserves your friendship with your friend in Turkey! Please don’t hesitate to ask any further questions that you may have.

[Ustadha] Shazia Ahmad

Ustadha Shazia Ahmad lived in Damascus, Syria for two years where she studied aqidah, fiqh, tajweed, tafseer and Arabic. She then attended the University of Texas at Austin, where she completed her Masters in Arabic. Afterwards, she moved to Amman, Jordan where she studied fiqh, Arabic and other sciences. She recently moved back to Mississauga, Canada, where she lives with her family.

Permissibility of a Gift

Answered by Ustadh Tabraze Azam

Question: Assalam alaykum

1. If I gift someone something that has difference of opinion on its permissibility (such as perfume that contains alcohol), am I held liable for their using it? Do I need to put a “disclaimer” when giving them the gift by reminding/telling them that it contains alcohol and that there is difference of opinion?

2. Related to this, do I need to notify someone every time I think they are doing something incorrect in the shariah?

Answer: Wa alaikum assalam wa rahmatullah,

1. No, you don’t need to inform somebody of the valid differences of opinion regarding a certain gift item you are giving them. Avoiding differences of opinion is a recommendation which has different levels, and each person’s own religiosity would dictate whether they are ready for that or not. Sound religious practice prioritises more emphasised actions over lesser emphasised actions, so you don’t proceed to exercise caution and avoid differences of opinion when you’re not even praying your sunna prayers, for instance. In the same way, recommended actions cannot be commanded nor made duties with respect to others.

2. Commanding the good and forbidding the wrong has conditions which need to be met before it becomes obligatory upon any given person. The most important of these is that you have sound knowledge of the law (fiqh) on this issue. Further, the duty of commanding the good is generally a communal obligation (fard kifaya), so you aren’t responsible if you personally don’t know when it is applicable or otherwise. But this shouldn’t be a reason to abdicate responsibility altogether, rather you should actively seek out a solid understanding of religion so that you can fulfil this duty soundly and with excellence (ihsan).

(Nahlawi, al-Durar al-Mubaha fi al-Hazr wa al-Ibaha; Qari, Mirqat al-Mafatih Sharh al-Mishkat)

Please also see this answers: (1), (2), (3).

And Allah Most High knows best.

[Ustadh] Tabraze Azam

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Tabraze Azam holds a BSc in Computer Science from the University of Leicester, where he also served as the President of the Islamic Society. He memorised the entire Qur’an in his hometown of Ipswich at the tender age of sixteen, and has since studied the Islamic Sciences in traditional settings in the UK, Jordan and Turkey. He is currently pursuing advanced studies in Jordan, where he is presently based with his family.

Gift Containing Unlawful Ingredients.

Answered by Shaykh Jamir Meah

Question: Assalamu alaykum

I gifted someone a body lotion that I later learned contains glycerin. I contacted the company and was unable to confirm whether this glycerin is indeed animal or vegetable sourced, both are possible. Is this item permissible to use? This person does not read English and so would otherwise not be able to read the ingredients list themselves. Is it my obligation to tell them that there may be an animal ingredient in the gift I gave them and so it may not be halal to use?

Answer: Wa’alaykum assalam, I pray you’re well insha’Allah.

The default ruling of most items is that of purity. If you’re unsure whether the glycerin is pure or impure, you assume it is pure and permissible to use, though it is a good idea to take precaution when possible, by ascertaining the exact ingredients or finding an alternative.

Taking back a gift

In regards the gift, while it would not be binding on you to tell them that you’re not sure about the ingredients, it would be best if you do. There is nothing wrong with you explaining the situation to them.

However, what I would suggest is that you buy them another similar gift as a replacement, perhaps something even nicer, as this will save any embarrassment on your behalf as you’re not taking away their gift, which can be very awkward, but replacing it with something better. They will appreciate this, alongside the fact that you don’t want them to use something doubtful.

Warmest salams,
[Shaykh] Jamir Meah

Shaykh Jamir Meah grew up in Hampstead, London. In 2007, he traveled to Tarim, Yemen, where he spent nine years studying the Islamic sciences on a one-to-one basis under the foremost scholars of the Ribaat, Tarim, with a main specialization and focus on Shafi’i fiqh. In early 2016, he moved to Amman, Jordan, where he continues advanced studies in a range of Islamic sciences, as well as teaching. Jamir is a qualified homeopath. 

Day 23: Give Gifts– 30 Deeds 30 Days

Day 23: Give Gifts

With Eid coming up soon, let’s talk about gifts. Not the last minute rush to the shopping centre, to get one (or more) fancy gifts for friends or family members. Of course, these things are all good. But gift-giving in the Sunnah is so much more than material things. We know that the Prophet, Allah bless him and give him peace, recommended gift-giving as a way to increase love between people.

This year, try looking a little further. Our Ramadan and Eids are a golden opportunity to share the message of Islam with others.  On your Eid list, add the crossing guard, the receptionist, and your coworkers. Add family members or friends you haven’t seen in a long time. Your gift doesn’t have to be pricey or elaborate. It can be as simple as a small trinket. But give a gift to someone, and let them see the truest portrayal of Islam.


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Can I Give Something with the Condition That I Have the Right to Use It Until I Die?

Answered by Shaykh Umer Mian

Question: Assalamu alaykum

I live in a non-muslim country . Is it permissible for somebody to give their children their share of property (Hibah) during their lifetime and even making the children take possession (Qabd) of that, BUT with the CONDITION that the parent will enjoy that property’s (house/land) benefits as long as they are alive?

Answer: Wa alaikum as-salam wa rahmatullahi wa barakatuhu

Short answer:

What you have described is giving a gift (hibah) with a certain stipulated condition, i.e. right of the gift-giver to continue to utilize the gifted property. Such a condition contradicts the rights of ownership and therefore the condition is invalid and non-enforceable, even though the gift itself remains valid. Therefore, after taking possession, the recipient has full right to do what he or she wishes with the property.

Detailed answer:

The following rulings are relevant to your situation:

1) During one’s lifetime, a person is free to give a gift (hibah) to anyone else in any amount. The only restriction comes when a person experiences terminal illness (i.e. an illness from which recovery is unlikely and death is expected). At that time, all gifts (hibah) are considered bequests (wasiyyah) and are subject to the relevant restrictions related to bequests.

2) A gift (hibah) is completed by offer and acceptance followed by the recipient taking possession (qabd) of the gift. After taking of possession (qabd), ownership transfers to the recipient.

3) Ownership entails the right to dispose of one’s property as one wishes. With regards to real estate, this means the new owner has the unrestricted right to utilize, sell, rent out, or gift the property.

4) At the time of gifting, any stipulated condition which contradicts the rights of ownership will be deemed an invalid condition (shart faasid).

5) An invalid condition (shart faasid) does not invalidate a gift (hibah). Rather, the gift will remain valid (assuming offer, acceptance, and taking of possesion have been completed) and only the stipulated condition will be considered invalid.

Therefore, based on all of the above, the answer to your question is as follows:
If a parent gives a gift to his or her child with the condition that the parent has the right to utilize the property, the gift itself is valid and ownership transfers to the child as soon as taking possession (qabd) occurs. However, the stipulated condition is invalid. At most, the stipulated condition can be considered a (non-enforceable) promise. Hence, it would be preferable for the child to fulfill the promise and allow the parent to utilize the property as long as the parent is living. This would also fall under the category of goodness to one’s parents (birr al-walidayn), which is highly praiseworthy in Islam. However, as stated, the condition is invalid and therefore not enforceable in an Islamic court. The property belongs to the child and he can do with it what he wishes.

Note: the above ruling applies regardless of the gift-giver and the recipient, i.e. it’s not specific to gifts given by parents to their children, although that was the context of the question asked.

Note also: If the gift-giver conditioned the gift with a certain time period, e.g. he says, “I gift you my land after my death,” then this gifting is invalid. Ownership will not transfer to the recipient. Such a contract is known in the Sacred Law as “ruqbaa,” and the Messenger of Allah (sallAllahu alaihi alaihi wa sallam) explicitly prohibited it and declared it invalid (hadith recorded by Nisa’i, Abu Dawud, and Ahmad).

Sources: Murshid al-Hayaran fi Mu’amalat al-Insan, Durar al-Hukkam Sharh Majallah al-Ahkam

Arabic source texts are below.

من “مرشد الحيران”:

من “درر الحكام في شرح مجلة الأحكام”:
( الْمَادَّةُ 83 ) يَلْزَمُ مُرَاعَاةُ الشَّرْطِ بِقَدْرِ الْإِمْكَانِ .

يُوجَدُ عُقُودٌ تَصِحُّ مَعَ الشَّرْطِ الْفَاسِدِ أَيْ الَّذِي لَيْسَ مِنْ مُقْتَضَيَاتِ الْعَقْدِ وَيَكُونُ غَيْرُ مُلَائِمٍ لَهُ ، وَيَكُونُ الشَّرْطُ لَغْوًا وَغَيْرَ مُعْتَبَرٍ وَهِيَ : ( 1 ) الْوَكَالَةُ ( 2 ) الْقَرْضُ ( 3 ) الْهِبَةُ ( 4 ) الصَّدَقَةُ ( 5 ) الرَّهْنُ ( 6 ) الْإِيصَاءُ ( 7 ) الْإِقَالَةُ ( 8 ) حَجْرُ الْمَأْذُونِ .

وَقُصَارَى الْقَوْلِ أَنَّ الشُّرُوطَ الَّتِي لَا تَكُونُ مِنْ مُقْتَضَيَاتِ الْعَقْدِ إذَا وَقَعَتْ فِي أَحَدِ الْعُقُودِ الَّتِي سَبَقَ ذِكْرُهَا تَكُونُ الْعُقُودُ صَحِيحَةً وَالشُّرُوطُ بِمَا أَنَّهَا مُخَالِفَةٌ لِلشَّرْعِ الشَّرِيفِ تَكُونُ لَغْوًا فَلَا تَجِبُ مُرَاعَاتُهَا .

( الْمَادَّةُ 854 ) – ( الْهِبَةُ الْمُضَافَةُ لَيْسَتْ بِصَحِيحَةٍ ، مَثَلًا لَوْ قَالَ : وَهَبْتُك الشَّيْءَ الْفُلَانِيَّ اعْتِبَارًا مِنْ رَأْسِ الشَّهْرِ الْآتِي لَا تَصِحُّ الْهِبَةُ ) .
الْهِبَةُ الْمُضَافَةُ لَيْسَتْ بِصَحِيحَةٍ أَيْ إذَا وَهَبَ أَحَدٌ شَيْئًا اعْتِبَارًا مِنْ وَقْتٍ سَيَأْتِي غَيْرُ صَحِيحَةٍ ؛ لِأَنَّهُ كَمَا صَارَ أَيْضًا فِي شَرْحِ الْمَادَّةِ ( 82 ) لَا تَصِحُّ عَلَى الْإِطْلَاقِ إضَافَةُ التَّمْلِيكِ وَتَعْلِيقُهَا بِشَرْطٍ .
مَثَلًا : لَوْ قَالَ : وَهَبْتُك الشَّيْءَ الْفُلَانِيَّ اعْتِبَارًا مِنْ رَأْسِ الشَّهْرِ الْآتِي أَوْ اعْتِبَارًا مِنْ غَدٍ ، وَقَالَ الْمَوْهُوبُ لَهُ : قَبِلْت ، أَيْضًا لَا تَصِحُّ الْهِبَةُ .
وَكَذَلِكَ الرُّقْبَى لَيْسَتْ صَحِيحَةً لِأَنَّهَا هِبَةٌ مُضَافَةٌ أَيْضًا ( الطَّحْطَاوِيُّ ، الدُّرَرُ ) .
الرُّقْبَى ، هِيَ تَمْلِيكُ أَحَدٍ مَالَهُ لِآخَرَ بَعْدَ وَفَاتِهِ وَيَكُونُ ذَلِكَ تَمْلِيكٌ مُضَافًا إلَى مَا بَعْدَ مَوْتِ ذَلِكَ الشَّخْصِ .
وَالرُّقْبَى بِمَعْنَى الِانْتِظَارِ مَأْخُوذَةٌ مِنْ الِارْتِقَابِ ؛ لِأَنَّ الْمَوْهُوبَ لَهُ يَنْتَظِرُ وَيَرْتَقِبُ وَفَاةَ الْوَاهِبِ ( الزَّيْلَعِيّ ) .
يَعْنِي كَأَنْ يَقُولَ أَحَدٌ لِآخَرَ : إذَا تُوُفِّيتُ قَبْلَكَ فَلْيَكُنْ هَذَا الْمَالُ لَك ، وَإِذَا تُوُفِّيتَ قَبْلِي فَلْيَبْقَ لِي .
كَأَنْ يَنْتَظِرُ كُلٌّ مِنْهُمَا مَوْتَ الْآخَرِ ، وَلَا يَمْلِكُ الْمَوْهُوبُ لَهُ الْمَالَ الْمَوْهُوبَ عِنْدَ الطَّرَفَيْنِ وَقَدْ أَفْتَى بِذَلِكَ عَلِيٌّ أَفَنْدِي أَيْضًا أَوْ مَعْنَاهَا رَقَبَةُ دَارِي لَك وَذَلِكَ جَائِزٌ وَلَكِنْ لَمَّا احْتَمَلَ الْأَمْرَيْنِ لَمْ تَثْبُتْ الْهِبَةُ بِالشَّكِّ فَتَكُونُ عَارِيَّةً ( مَجْمَعُ الْأَنْهُرِ مُلَخَّصًا ) .

قَالَ الطَّحْطَاوِيُّ : الْهِبَةُ لِلْوَلَدِ الْكَبِيرِ لَا تَتِمُّ إلَّا بِقَبْضِهِ وَلَوْ كَانَ فِي عِيَالٍ

Wassalam,
[Shaykh] Umer Mian

Ramadan 2018 Free Prints and Graphics

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Can I Revoke the Access to a Service I Have Granted to a Family Member?

Answered by Shaykh Abdul-Rahim Reasat

Question: Assalamu alaykum

I own the account for a shopping service and I’m paying for its premium benefits. I’ve added a house hold member to share these benefits. However, I wish to no longer share it with this particular person.

Being the main account holder I have the right to remove and add people. Will it be permissible to remove this person without informing them, or is this considered a gift that I cannot take back?

Answer: Wa ‘alaykum as-salam wa rahmatullah wa barakatuh

I pray you are well.

Yes, it is permissible for you to revoke access to this service from anyone you wish. This is not the transfer of ownership of an item by means of a gift (hiba); rather, it is merely permission to access as utilise something (ibaha), therefore removing it is not considered rescinding a gift (Maydani, al-Lubab).

It may be wise to speak to the person beforehand, lest the removal lead to tensions between yourself and this other person. If you choose to allow this person to benefit from this service it will be counted as an act of charity for you, and the Messenger of Allah (Allah bless him and grant him peace) told us, ‘Do not think that the even the slightest bit of good is inconsequential’ (Bukhari).

May Allah grant you the best of both worlds.

Wassalam,
[Shaykh] Abdul-Rahim Reasat

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 to study and sit at the feet of some of the most erudite scholars of our time.

Over the following eighteen months he studied a traditional curriculum, studying with scholars such as Shaykh Adnan Darwish, Shaykh Abdurrahman Arjan, Shaykh Hussain Darwish and Shaykh Muhammad Darwish.

In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years, in Fiqh, Usul al-Fiqh, Theology, Hadith Methodology and Commentary, Shama’il, and Logic with teachers such as Dr Ashraf Muneeb, Dr Salah Abu’l-Hajj, Dr Hamza al-Bakri, Shaykh Ahmad Hasanat, Dr Mansur Abu Zina amongst others. He was also given two licences of mastery in the science of Qur’anic recital by Shakh Samir Jabr and Shaykh Yahya Qandil.

His true passion, however, arose in the presence of Shaykh Ali Hani, considered by many to be one of the foremost tafsir scholars of our time who provided him with the keys to the vast knowledge of the Quran. With Shaykh Ali, he was able to study an extensive curriculum of Qur’anic Sciences, Tafsir, Arabic Grammar, and Rhetoric.

When he finally left Jordan for the UK in 2014, Shaykh Ali gave him his distinct blessing and still recommends students in the UK to seek out Shaykh Abdul-Rahim for Quranic studies. Since his return he has trained as a therapist and has helped a number of people overcome emotional and psychosomatic issues. He is a keen promoter of emotional and mental health.

Is It Permissible to Reject a Gift?

Answered by Shaykh Jamir Meah

Question: Assalamu alaykum

Is it permissible to reject a gift from a hypocrite or someone who has wronged you even if you have forgiven them?

Answer: Assalam alaykum. Jazakum Allah khayr for your question. I hope this finds you in the best of states.

The general advice in regards to gifts, is that one should not rejects gifts without a valid excuse, even if the gift is something very small. The Prophet ﷺ said, ‘Accept invitations, do not refuse gifts and do not beat the Muslims.’ [Musnad Ahmad].

However, there are instances when one may choose not to accept the gift.

Accepting and Rejecting Gifts

The acceptance of a gift is dependent on the recipient accepting it, either by physical or verbal indication, and as such, the law does not legally compel a person to accept a gift from another, irrespective if the person has blameworthy character traits or not (though in the Shafi’i school, it does forbid giving gifts to someone who one strongly suspects will use the gift to commit sin [Tuhfa]).

One would need to use their own discrepancy and judgement as to what would be the best course of action in the individual situation at hand.

For example, if you feel by accepting the gift that the giver may take advantage, and it may lead to any form of harm, embarrassment, demeaning, or other compromising position for you, then not accepting the gift would be the better choice.

If, however, you feel that the person is being sincere, and by rejecting the gift it might make matters worse, then as long as you don’t feel any harm or vulnerability will come to you by accepting the gift (emotional or physical), then accepting it may be preferable. And Allah knows best.

May Allah grant you all the best.

Warmest salams,
[Shaykh] Jamir Meah

Shaykh Jamir Meah grew up in Hampstead, London. In 2007, he traveled to Tarim, Yemen, where he spent nine years studying the Islamic sciences on a one-to-one basis under the foremost scholars of the Ribaat, Tarim, with a main specialization and focus on Shafi’i fiqh. In early 2016, he moved to Amman, Jordan, where he continues advanced studies in a range of Islamic sciences, as well as teaching. Jamir is a qualified homeopath.

How Should I Deal With Gifts Given to My Child That I Can’t Store Anymore?

Answered by Ustadh Tabraze Azam

Question: Assalam alaykum

I have a question regarding the toys and clothing of a child which they have outgrown, but were gifts. I have limited space to keep them all and they are no longer used.

Can these items, with the child’s permission, be given to charity with them seeking a reward?

If they are too young to make that decision, do I have to keep them?

Answer: Wa alaykum assalam wa rahmat Allah,

May Allah Most High reward you for your deep religious concern.

There are essentially two ways we can understand, legally, the relationship between the parent, the child, and the child’s clothes, toys and the like. The first is what can be termed ownership (tamlik), and the second, permission (ibaha).

The basis here is the words of the Messenger of Allah (Allah Most High bless him and give him peace), “There is no harm, nor reciprocating harm.” [Ibn Majah] Therefore, if we assume that the child owns the clothes and other items which are purchased for them, then technically, the parent does not have the right to dispose of such items without permission as this is something which constitutes a loss in wealth and property, and accordingly, is not in the child’s best interests. Yet in the same instance, the parent is responsible for the child, and has a say in matters related to him, his wealth and upbringing.

Thus, given (1) that such items can cause unnecessary clutter around the house, the place where the upbringing (tarbiya) is supposed to primarily be taking place, (2) that they cannot normally be sold for much, if at all, nor is doing so customary, and (3) that the parent is responsible for the child’s upbringing, it would seem that there is some degree of expansiveness in such a ruling. Practically, what this means is that he can rid the house of such items, without permission, as the child is effectively being compensated for that with the purchase of newer clothes and the like.

On the other hand, if we assume that the child was given permission by the parent to use these clothes, and play with the provided toys, for a customarily acceptable period of time or until they grow out of them, then the matter is fairly straightforward. Consequently, the parent retains the full right and disposal over such items, regardless of whether or not the child permits such an action.

However, it is also important to strive not to be come too legalistic in such issues because this is not how people have lived, or should do so. Rather, the basis is that the parent is responsible for the caring upbringing of the child in a manner which develops his humanity and character, in accordance with the Sacred Law. And this responsibility entails some level of generic permission to do what’s best, as long as the child is not wronged in any way.

[As understood from: Kasani, Bada‘i al-Sana‘i fi Tartib al-Shara‘i; Qadri Pasha, al-Ahwal al-Shakhsiyya]

Please also see: Rights of Children in Detail and: Raising Children with Deen and Dunya

And Allah Most High alone knows best.

Wassalam
[Ustadh] Tabraze Azam

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Tabraze Azam was born and raised in Ipswich, England, a quiet town close to the east coast of England. His journey for seeking sacred knowledge began when he privately memorized the entire Qur’an in his hometown at the age of 16. He also had his first experience in leading the tarawih (nightly-Ramadan) prayers at his local mosque. Year after year he would continue this unique return to reciting the entire Quran in one blessed month both in his homeland, the UK, and also in the blessed lands of Shaam, where he now lives, studies and teaches.

Eid Mubarak! Your free Eid Gift

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Prophetic Guidance

Muhammad, the messenger of Allah (peace be upon him) showed mankind how to live upon this earth. He clarified in the most minute detail how humans should worship their Lord, interact with each other and live their daily lives in a state of awareness of their Creator. It is hoped that this work will help Muslims to incorporate the Prophetic programme into their daily lives. They may then come to love following his path in every state and in so doing attain the love of Allah.
Shaykh Umar Husayn al-Khatib has travelled to the East and West teaching people the Prophetic Way. He currently teaches  in Dar alMustafa in Tarim, Yemen, a city which has been a bastion of the Sunnah from the earliest days of Islam.

A clear, concise, yet comprehensive guide to practically following the Prophet (peace be upon him) in one’s life – from walking to sleep; in worship, work, and life. It contains gems of guidance: I know of no work like it in English. A must-read for any Muslim.”
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