Fatwa #1472021 November 2006Indonesia
am going to ‘borrow money’ from an institution. It’s not a syar’i insitution, but we are trying ot make it syari. I am borrowing the money to buy some materials in order to renovate and extend my house. The institution is providing me with some money in order for me to buy some material... but the actual contract will be as :
Question
Assalamu’alaikum wr. Wb.
Respected mufti shahib
FIRST QUESTION :
I am going to ‘borrow money’ from an institution. It’s not a syar’i insitution, but we are trying ot make it syari. I am borrowing the money to buy some materials in order to renovate and extend my house. The institution is providing me with some money in order for me to buy some material... but the actual contract will be as :
I am buying the material from the instituion (after the institution add 15% to the original price).
The problem is : The instituion itself does not actually buy the items for me, but they just give me the money in order for me to buy the material I want, as if I am their representative in buying the material.
Is this dealing OK ?
I really hope that you can reply this asap, as the agreement will be signed on Nov 2006, and if it is not halal, I will not buy the item from them..
SECOND QUESTION :
We got confused. To educated our children, me and my wife decided not to have TV at home. This has been going on for 6 years. But on the other hand, our children (three of them) many times went to our neighbour to watch TV and it might disturb our neighbour. We cannot stop them going there, because they need to play with their neighbouring friends. What should we do ? What kind of activities we should try to make them like to stay at home ? we have talim at home but it seems not to be effective.
Jazakallaahu khairan
Respected mufti shahib
FIRST QUESTION :
I am going to ‘borrow money’ from an institution. It’s not a syar’i insitution, but we are trying ot make it syari. I am borrowing the money to buy some materials in order to renovate and extend my house. The institution is providing me with some money in order for me to buy some material... but the actual contract will be as :
I am buying the material from the instituion (after the institution add 15% to the original price).
The problem is : The instituion itself does not actually buy the items for me, but they just give me the money in order for me to buy the material I want, as if I am their representative in buying the material.
Is this dealing OK ?
I really hope that you can reply this asap, as the agreement will be signed on Nov 2006, and if it is not halal, I will not buy the item from them..
SECOND QUESTION :
We got confused. To educated our children, me and my wife decided not to have TV at home. This has been going on for 6 years. But on the other hand, our children (three of them) many times went to our neighbour to watch TV and it might disturb our neighbour. We cannot stop them going there, because they need to play with their neighbouring friends. What should we do ? What kind of activities we should try to make them like to stay at home ? we have talim at home but it seems not to be effective.
Jazakallaahu khairan
Answer
Muhtaram
Assalamualaikum Warahmatullahi Wabarakatuhu
- If the financial institution appoints you as its agent to purchase the material and thereafter sells it to you, it would be permissible with the following conditions:
- Your appointment as the agent of the financial institution and you becoming the buyer of those very items remain two completely independent agreements in such a way one does not have implications on the other. In short, if you being the agent of the bank purchase the materials and thereafter refuse to purchase it at a profit, the bank has no claim against you.
- The risk of selling the material to you must be borne by the bank or financial institute.
- You should not allow the pressure of the children to make you buy a television. You should sit and advise your children with wisdom and diplomacy that we are bound by the Laws of Allah and that television is prohibited. In Talim do not use a forceful approach where Talim will become a burden for them. Make the Talim as exciting as possible that they look forward for it. Another important issue is that they are young and have the instinct to explore. You should look for suitable permissible activities that they could busy themselves with in the free time. You also become their friends and look for ways to make their free time exciting and educational. If you do not do this, you would always face this dilemma and your children would seem as a burden due to your negligence and oversight.
And Allah Knows Best
Muhammed Zakariyya Desai checked and Approved
Student: Darul Ifta Moulana Emraan Vawda