Fatwa ID: 06424

 

Answered by: Muftiyah Habiba Akhtar

 

Question:

 

Can you sell your property to someone non-Muslim who earns from liquor?

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

As dutiful Muslims, it is vital that the importance of Halal earnings is grasped. The Shariah law has laid out which one may deal with and which is impermissible to deal with.

 

Allah SWT says:

 

“Eat of what is lawful and pure in the earth, and do not follow in Satan’s steps.” [2:168]

 

The words ‘Eat of what is lawful’ pertains to consuming good and halal wealth.

 

 

Our wealth assists in our sustenance, provision and our consumption. If the root of our wealth is Haram, then that which follows will be evil.

 

 

It is stated in Hadith:

‘Abdallah b. Mas’ud reported God’s Messenger as saying, “Trying to earn a lawful livelihood is an obligatory duty in addition to the duties which are obligatory.” (Mishkatul Miasabih, 2781)

 

 

The Hadith above compares earning lawfully to the common and primary obligations. Thus, we can derive the vitality of halal earnings from a Muslim.

 

 

The extract of the Hadith of Sunan Ibn Majah below narrates the event of a Sahabi and his unlawful means of earning:

 

Safwan bin Umayyah said:

“We were with the Messenger of Allah (صلى الله عليه وسلم (and Amr bin Murrah came and said: ‘O Messenger of Allah (صلى الله عليه وسلم,(Allah (SWT) has decreed that I be doomed, and He has not guided me to earn a living except by beating my tambourine with my hand; give me permission to sing without doing anything immoral.’ The Messenger of Allah (صلى الله عليه وسلم (said: ‘I will not give you permission, or honour you nor give you, what you want. You are lying, O enemy of Allah. Allah (SWT) has granted you a good, lawful provision, but you have chosen the provision that Allah (SWT) has forbidden to you instead of that which He has permitted. If I had warned you before, I would have done such and such to you. Get away from me and repent to Allah (SWT). (Sunan Ibn Majah, 2613)

 

Thus, earning and time differences do not equate to concession upon earning unlawfully by the means of selling and dealing with unlawful items.

 

As the Hadith states, Allah has provided everyone with the means of Halal sustenance. In any event of difficulty in finding means of earning without unlawful measures, the concession is provided to them within their occupation with the recommendation of finding Halal sustenance.

 

The shariah encourages ‘Ease’ upon the Ummah as Allah SWT states in the Qur’an:

 

“Allah intends for you ease and does not intend for you hardship” (2:185)

 

The ease of the Shariah doesn’t wish to rid you of earning however, it is also in compliance with the shariah of protecting the religion to earn lawfully which one should strive forward. (Maqasid Shariah, page 25, Abdullah bin Yusuf Al Juday)

 

 

2) Regarding the discussion of Dealings with non-believers.

 

 

In response to your query, dealings with non-believers (whose earnings may be unlawful) can be understood by looking at the dealings and affairs between the Prophet SAW and his companions with the non-believers.

 

Allah SWT states in regard to the treatment of non-believers in the Qur’an: “O you who believe! Stand out firmly for Allah, as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety: and fear Allah. For Allah is well-acquainted with all that you do.” (Surah al-Ma’idah, verse 8)

 

The verse explains to us the dealings and temperament needed between the Believers and non-believers. The verse teaches us kindness and justice towards non-believers. Thus, we get an insight into the dealings between Muslims and non-believers.

 

Therefore, to deal and transact with non-believers is permissible as stated above, they are the source of income for believers.

 

Allah states: It will have [the consequence of] what it earned, and you will have what you have earned. [2:141]

 

We are directly responsible for our earnings and the means to it.

 

 

Only Allah knows best

Written by Muftiyah Habiba Akhtar

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham