Fatwa #139976 March 2006United Kingdom
we owe the bank £20,000.00 mortgage and i also owe my father £13,000.00. Will it be permissable for us to go to hajj even though when we return we will still be incurring sin
Question
Answer
1. The principle in Shari’ah is Jalbe Manfa’at (derive benefit) is preferred over Daf-e-Madarrat (removing harm).
Interest is prohibited and a major sin. If one has a liability and does not have excess funds, Hajj is not compulsory. It is, in fact, compulsory to get rid of the debt as soon as possible. Therefore, if you have money, pay off the debts and if you have excess money, then perform Hajj. This will be in conformity to the above mentioned principle to avoid hard over deriving benefit.
2. According to the Shari’ah laws of Inheritance and Succession, a son will inherit twice the amount than a daughter. It cannot be stipulated that both the son and daughter inherit in equal shares.
3. A crab is not fish and cannot be eaten according to the Hanafi Madhab. Lobsters, prawns and crayfish are crustaceas and not fish. Some regard them as fish. It is best to exercise precaution and abstain.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai