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Insurance and Renting

Answered by Shaykh Abdul-Rahim Reasat

Question: Assalamu alaykum

I own a property which I want to pay a lettings agent to fully manage for me. For 10% of the monthy rental income, they will do the tenant finding, rent collection and handle all dealings with the tenant. Within this “fully managed package” is the option to pay an extra 4% per month for the Agent to deal with any tenant evictions that arise, covering all legal costs and rent guarantee for a fixed number of months. If I select this rent/legal cover option, then I will be “noted as an interested party in the Agent’s insurance policy”.

With this 4%, am I in effect buying a haram insurance policy or a comprehensive service package from the Agent? What would be the ruling according to the different schools of thought?

Answer: Wa ‘alaykum assalam wa rahmatullah wa barakatuh

I pray you are well.

It is permissible for you to enter into this agreement with the estate agent if you wish. If effect, you are paying them for a service which is clearly delineated. That is your agreement with them, and it does not contain anything impermissible.

The means they may employ to fund the service from their end does not concern you. Therefore, seeing as you are not directly entering into a interest based contract, it would be permissible for you use this service. Please ensure that all the variables are clear to you before progressing, and that there are no hidden charges, etc, or potential alterations which could lead to a dispute later. (Usmani, Fiqh al Buyu’)

I’m unable to provide you with positions from other schools of law. This is the answer I have understood from the Hanafi school, and through consultation with a senior scholar. Allah knows best.

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.

Will I Get Rewarded for a Good Deed If I Receive Benefit From It in This Life?

Answered by Shaykh Jamir Meah

Question: Assalamu alaykum

I live in house which is owned by my parents and our country allows me to save taxes by paying a rent to my parents. Does it reduce my reward on spending on parents if I do that?

Answer: Wa’alaykum assalam. I pray you are well.

The Prophet ﷺ has said, ‘Actions are according to intentions’ [Al Bukhari, Muslim]. The beauty of this is that if a person intended to do an act of good for the sake of Allah, yet didn’t end up doing it, they would nevertheless get the reward for what they intended.

However, if a person did an act of good for a reason other than for the sake of Allah, then they receive according to that intention.

Intentions

If you made the intention that you would have spent on your parents for the sake of Allah, irrespective of whether you are entitled to tax breaks or not, then your reward in the Afterlife will not be diminished in any way, even if you also receive the benefit of the tax breaks.

If your only intention when spending on your parents was to receive the tax breaks, then the tax breaks in themselves are a worldly blessing, but one cannot categorically say whether you will be rewarded in the next life or not for the act. And Allah knows best.

May Allah increase you in every good, and reward you for your looking after your parents.

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.

Is It Permissible for a Muslim to Permanently Stay at a House Containing Hindu Idols? [Shafi’i]

Answered by Shaykh Jamir Meah

Question: Assalamu alaykum

1. Is it permissible for a Muslim to permanently stay at a house containing Hindu idols?

2. Will my worship be affected?

3. People say that angels do not enter a home that has idols. Thus, it is not protected from shaytan. Is it true?

4. Is it a must to purify a house that was previously occupied by a non-Muslim?


5. Are there certain prayers to be done when moving into a new place?

Answer: In the Name of God, the Merciful and Compassionate

Thank you for your question. May Allah grant you the best of states and guide you to what is pleasing to Him.

1. Is it permissible for a Muslim to permanently stay at this house for up to a year or two?

There is a difference of opinion in the Shafi’i school whether one is permitted to enter into a house (or room) where there are images or statues of animate beings. Many hold that it is impermissible, while others have stated it is disliked. The latter being the reliable opinion (that it is disliked).

(Note: This ruling differs to the ruling for entering such places when invited to a festive feast or when entering a place of worship (e.g. church), in which there is no difference of opinion regarding its prohibition, unless one’s presence will lead to the removal of the objects)

As for when the prohibited items are in the building, but not in the same room that one is staying, then it is permissible (without dislike).

Likewise, if the images are only above the front door and the hallway (and not in the room one is), then it is also permissible.

[Hashiyat Tuhfa al Muhtaj, Mughni al Muhtaj, Iyanat al Talibin]

2. Will my ibadah be affected? Will blessings and du’a be blocked? Is du’a blocked due to sins?

Your worship itself will not be affected as long as your own state is good, and you remain sincere in your supplications, insha’Allah.

It is true that sins affect the acceptance of supplication. The Prophet (peace and blessings be upon him) said, ‘[A man] stretches his hands out toward the sky and says, ‘O Lord, O Lord,’ while his food is unlawful, his drink is unlawful, his clothing unlawful and his nourishment is unlawful. How is he to be answered [in such a state]?’ [Muslim].

What this hadith is referring to is sins in which the person is directly involved in, and not incidental circumstances, such as making supplication in a place which it is disliked to be.

We will discuss blessings below.

3. Also, people say that angels do not enter a home that has idols, statues or even sculptures of living things. Thus, this house is not protected from shaytan and jinn, and it and its occupants are not blessed. I would like to ask for your clarification on this.

The Prophet (peace and blessings be upon him) said, ‘The Angels do not enter a house in which there is a dog or a picture.’ [Bukhari, Muslim].

Imam Nawawi explains, ‘Those angels that do not enter a house in which there is a dog or a picture are angels who bring mercy and blessings and forgiveness. As for [those angels that bring] protection, they enter into every house.’ [Rawhda al Talibin].

Therefore, while angels of mercy, blessings and forgiveness do not enter into the house, the angels of protection do. Obviously one should say their regular daily invocations, sunna dua’s and recite Qur’an for further protection.

Also, if there are no prohibited objects in your room, there is nothing to say that you will not receive blessings of some kind in that specific area.

4. Is it a must to purify a house that was previously occupied by a non-Muslim?

No, it is not obligatory. though if there was something previously in the house which we deem to be filth, such as a dog or alcohol, then one should give the house a good clean.

5. Are there certain prayers to be done when moving into a new place?

There isn’t any specific supplication or du’a for entering into a new home. However, the following are good practices:

1. Whenever you enter the house say the Ta’awudh (أعوذ بالله من الشيطان الرجيم ), Bismillah, and then,

أعوذ بكلمات التامات من شر ما خلق
I seek refuge in the Perfect Word of Allah from the evil of what He has created

It is narrated that the Prophet (peace and blessing be upon him) said, ‘When anyone lands at a place, and then says, ‘I seek refuge in the Perfect Words of Allah from the evil of what He has created’, nothing will harm him until he leaves that place’. [Muslim].

2. Recite Surah Al-Baqarah in the rooms which you will be spending time in. The Prophet (peace and blessing be upon him) said, ‘Offer some of your prayers at home, and do not take your houses as graves. In fact, Satan flees from the house where Surah al Baqarah is recited’ [Muslim]

3. Keep the house alive by reading Quran, dhikr, and praying. Play Qur’an on audio in the house daily.

Conclusion

As a general rule, it is always better for a Muslim to stay clear of anywhere where there are prohibited objects, particularly statues of deities.

However, since you said that it was difficult to find a place to stay during your work (and I assume it would be difficult to find somewhere else to stay, or at least at the same cost), and your friend offered her place to you and kindly stored away the main objects, it is obvious that there are many reasons for taking up the offer, and therefore it would be permissible for you to stay there.

If at all possible, I would suggest trying to cover the remaining items while you are there. Perhaps light cloth draped over each item will suffice.

I wish you all the best in your studies. May Allah protect you and us.

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.

Can I Use the Belongings Left by a Person Who Didn’t Pay Rent and Ran Away?

Answered by Shaykh Umer Mian

Question: As Salam Alaykum,

What is the ruling of using the kitchen stuff left by a person who ran away and didn’t pay the rent for his lodgings within my property?

Answer: Wa alaikum as-salam wa rahmatullahi wa barakatuhu

First, if possible, you should attempt to contact your debtor and get them to repay the debt voluntarily. If the person is a Muslim, you could remind them that debts which are not paid in this life will be repaid in the Hereafter with the debtor’s good deeds. Also, whether the person is Muslim or not, you could contact someone that has influence over them such as a parent, older sibling, friend, community leader, etc. Such people may be able to convince the person to repay their debt.

If the above fails, you should attempt to recover the debt owed to you through legal means, i.e. through your country’s justice system.

If all of the above fails and you fear there is no other means to recover your debt, it would be permissible for you to keep the personal property of your debtor and consider it as payment for your debt. Ibn Abideen explicitly states in Radd al-Muhtar, the primary source of fatwa in the Hanafi madhab, that this is the position for fatwa in our times.

وَأَطْلَقَ الشَّافِعِيُّ أَخْذَ خِلَافِ الْجِنْسِ لِلْمُجَانَسَةِ فِي الْمَالِيَّةِ . قَالَ فِي الْمُجْتَبَى وَهُوَ أَوْسَعُ فَيُعْمَلُ بِهِ عِنْدَ الضَّرُورَةِ (الدر المختار، كتاب السرقة)

وَالْفَتْوَى الْيَوْمَ عَلَى جَوَازِ الْأَخْذِ عِنْدَ الْقُدْرَةِ مِنْ أَيِّ مَالٍ كَانَ لَا سِيَّمَا فِي دِيَارِنَا لِمُدَاوَمَتِهِمْ لِلْعُقُوقِ (رد المحتار، كتاب السرقة، مَطْلَبٌ يُعْذَرُ بِالْعَمَلِ بِمَذْهَبِ الْغَيْرِ عِنْدَ الضَّرُورَةِ)

Wassalam,
Umer Mian