Investment in ASB and ASN

National Council of Fatwa in Malaysia decided that investment in ASN and ASB is permissible.


The question of the economic strength of nations is one important factor to the continuation of the progress of Muslims.

Every law that decided to meet the demands of justice, maslahah and avoid the damage and destruction is greater. In this case, Maybank is the largest Islamic banking institutions in the Asia Pacific region. If the PNB took its share from Maybank, it will not only jeopardize the economy of the majority shareholder which is the Malay Muslims, but it will also greatly affect the economic situation of countries and many Muslim related organizations. Similarly 16.531 jobs involving Muslim Bumiputera staff will also be affected

In determining the permissibility of Islamic arguments in ASN and ASB investments, it is not exactly the argument based on community maslahah construed to waive the principles of Islam because Islam maslahah is also a principle that should be held to determine a ruling.

In this case, the law on investment ASN and ASB can not be viewed from a certain aspect, but to consider all consequences to be faced by Islam and Muslims.
On the issue of permissible investments and illegal, it became clear that the PNB do not invest in sectors related to alcohol and gambling. Mixing in investment only occurs in the financial sector, where 70% of investment Syariah only 30% investment in Maybank still not comply with Shariah.In this case, the investment in the halal sector more than the illegal one.According to most of the jurists of the Hanafi, Maliki, Shafi'i and Hanbali, the jurists did not prohibit such companies when assessing the status of the company's shared by Muslims and non-Muslims.

PNB has implemented changes in particular, the best investments to enable control of the Muslims. In this case, it is important maslahah Muslims and the greater harm is avoided

However, State Fatwa Committee of Selangor decided that investment in ASN and ASB is haram.

This is based on the hadith narrated by Jabir Al-Ja'fifrom Ibn Mas'ud:


ما اجتمع الحلال والحرام إلاغلب الحرام الحلال "Do not mix between the clean and unclean, but defeating thelawful unlawful. "

Skim Amanah Saham Nasional (ASN) and Amanah Saham Bumiputera(ASB) are clearly involved in a mixed investment between Shariah compliance non-compliance transaction.
Skim Amanah Saham Nasional (ASN) and Amanah Saham Bumiputera(ASB) are classified as non-compliant unit trust funds sharia by the Securities Commission Shariah Advisory Council for their involvement in investment does not pass the syariah requirements.

Is there any conclusive proof from Quran or Sunnah on whether fasting would be accepted or not if the muslim is not praying the obligatory prayers while fasting?

2. Question:

Is there any conclusive proof from Quran or Sunnah on whether fasting would be accepted or not if the muslim is not praying the obligatory prayers while fasting?

Answer:

Any person who abandons the prayer while denying its legitimacy goes out of the fold of Islam according to the consensus of the scholars . Indeed, there is absolute evidence that the acts of worship of a non-Muslim are not accepted. Allaah Says (what means):
{And what prevents their expenditures from being accepted from them but that they have disbelieved in Allaah and in His Messenger.}[Quran 9:54].
Allaah also Says (what means):
{The example of those who disbelieve in their Lord is [that] their deeds are like ashes which the wind blows forcefully on a stormy day; they are unable [to keep] from what they earned a [single] thing.That is what extreme error is.}[Quran 14:18].

There are other verses in this regard. As regards a person who abandons the prayer out of laziness, then we do not know absolute evidence which states that his fasting is not accepted; this depends on the ruling of abandoning the prayer. The scholars who are of the view that a person who abandons the prayer out of laziness goes out of the fold of Islam, they have absolute evidence from the Book of Allaah and the Sunnah of the Prophet that the acts of worship of a non-Muslim are not accepted. On the other hand, the scholars who are of the opinion that a person does not go out of the fold of Islam just for abandoning the prayer(out of laziness), did not state that his fasting is not valid.

In Britain, we fast more than seventeen hours a day. Is it permissible to fast for twelve hours only?

1.      Question:

In Britain, we fast more than seventeen hours a day. Is it permissible to fast for twelve hours only?

Answer:

AllaahThe Almighty Said (what means):

{And eat and drink until the white thread of dawn becomes distinct to you from the black thread [of night]. Then complete the fast until the sunset.} [Quran 2:187]

So, the fast time is clearly defined and imposed by AllaahThe Almighty in a way that makes it prohibited to be lengthened or shortened.Allaah The Almighty legislated the fast for very important rationales including refining His slaves’ souls and hearts and purifying them‎ from evil. AllaahThe Almighty Says (what means):

{O you who have believed, decreed upon you is fasting as it was decreed upon those before you that you may become righteous…} [Quran 2:183]

Thus, AllaahThe Almighty did not ordain the fast to torture or trouble His slaves. Before being imposed in the manner that it is, the fasting would start not at the crack of dawn but after the ‘Ishaa‘ prayer or if one would sleep after sunset. However, AllaahThe Almighty had mercy upon this Ummah(nation), facilitated the fast and allowed us to eat and drink all night. What could be easier for you than what AllaahThe Almighty has made easy?

Therefore, what you have suggested in your question is absolutely prohibited because it is tantamount to a manipulation of the religious assignments and a transgression of the limits set by Allaah The Almighty who says (what means): {And those are the limits [set by] Allaah. And whoever transgresses the limits of Allaah has certainly wronged himself.} [Quran 65:1]

Moreover, reward is proportionate to the difficulty of the act of worship; the Prophet, , said: "Whoever fasts Ramadhaan out of faith while seeking its reward from Allaah The Almighty, will have his past sins forgiven." [Al-Bukhaari and Muslim]

Indeed, seeking the reward of AllaahThe Almighty means that you do not think of the fast as something heavy and difficult and you do not feel annoyed about it.

However, if a fasting person finds that it is unbearably difficult for him to complete his fast to the extent that he may die or something of the like, then, it would be permissible for him to break his fast and then refrain from eating again until the end of that fasting day and then, later on, make up for that day.

what is the punishment for drug trafficking and production in islam?

2.      Question:

what is the punishment for drug trafficking and production in islam?

Answer:

As far as we are aware of, there is no specific punishment in Islam on a person who produces or traffics intoxicants and drugs. It is known that it is the Muslim judge who determines the punishment on the disobediences about which no punishment is stated in the Sharee’ah. This is a punishment which is not estimated in Islam and which must be applied in order to fulfil the rights of Allaah and the rights of people. This is generally in regard to acts of disobedience in which no Hadd (i.e. the corporal punishment determined by the Islamic Law) or expiation is mentioned. In this case the Muslim judge chooses a punishment which corresponds to the situation. Heendeavours to choose what is best according to the different status of people and according to the level of disobedience.Finally, the punishment that is applied in some Muslim countries on drug trafficking and producing is the death penalty.     

Allaah Knows best.

3.     

Fines imposed on students by schools and colleges. What is the Islamic view on this matter?

Question:

Fines imposed on students by schools and colleges. What is the Islamic view on this matter?

Answer:

If these fines are issued from a person who is in authority over the students or are based on a permission from a person who has such an authority in order to achieve a benefit for the students or oblige them to attend the school, then some scholars, like IbnTaymiyyah, Ibn Al-Qayyim and IbnBaaz permitted it. For instance, IbnTaymiyyah said: "Reprimanding by imposing fines or inflicting a loss in someone's wealth, property or possession, is permissible in some cases according to the well known opinion of the Maaliki School of jurisprudence, and the view of the School of jurisprudence of Ahmad without any difference of opinion in some issues, and with a difference of opinion in some other issues [that he has not said so], and it is also the view of the Shaafi'ee School of jurisprudence in one opinion, even if they disagreed about some details as confirmed by the Sunnah of the Prophet in regard to depriving a person from what he hunted in the Haram of Al-Madeenah. This is exactly like him ordering to break the large jugs of intoxicants, and like him ordering 'AbdullaahIbn 'Umar to burn the two garments died with saffron, whereby Ibn 'Umar asked the Prophet said: "Shall I wash them?", the Prophet replied: "No, rather you must burn them."

Therefore, all these issues and similar ones are true and well known to the scholars … and it is not confirmed that the Prophet has absolutely forbidden all kinds of fines, rather the four rightly guided caliphs and great companions applied this after the Prophet's death, and this is evidence that they are not abrogated.

IbnBaaz when commenting on the statement of IbnHajar in regard to the abrogation of the narrations about fines or inflicting valuable losses to a person, said: "The authoritative view of IbnHajar that the narrations have been abrogated is not good, rather, the correct opinion is that they are not abrogated for the existence of much appropriate evidence in this regard."

However, if such fines are not issued from a person who is in authority or are not based on a permission from a person who has such an authority, nor based on a pre-condition, then they are not permissible. In this case, a person who avoids them is not sinful, but if they are taken from him forcefully, then he is not to be blamed and not sinful as well.

All answers were prepared, checked, and approved by a committee of specialists, which comprises a group of licentiate graduates from the Islamic University, Al-Imaam Muhammad Bin Sa’oud Islamic University in Saudi Arabia, and graduates who studied Islamic sciences from scholars at Mosques and other Islamic educational institues in Yemen and Mauritania. This special committee is headed by Dr. ‘Abdullaah Al-Faqeeh, specialist in Jurisprudence and Arabic language. –www.islamweb.net-

Financial support by wife to her husband's family?

Question: I would like to ask a question relating to financial support for the husband's family. The man and woman put their earnings in "one pot", hence her money is also used to finance the needs of his family. To what extent is the son obligated to finance his family needs and to what extent does the wife have to help?

Fatwa: 

If this man has more than what is necessary for spending on his wife and children it becomes obligatory on him to spend on his parents if they are poor. Allah Says:


 (interpretation of meaning): {Worship Allâh and join none with Him in worship, and do good to parents,}[4:36].

Spending on them is part of doing good to them. It is also obligatory on him to spend on his poor brothers and sisters who do not have a source of income. Allah Says (interpretation of meaning): {And on the (father's) heir is incumbent the like of that (which was incumbent on the father).}[2:233].

The meaning is that the one who may inherit has to spend on any person from whom he could inherit if that person dies. This verse is an evidence, according to the Muslim scholars, for the obligation to spend on close relatives.

Anyway, this man has to help his family as much as he can without neglecting spending on his wife and children.

But the wife is not required to spend on anybody nor to help in the home's expenditures or to give anything to her husband's family. But it is likable for her to help her husband accomplish the duties and obligations due on him. If she does so, Allah will reward her.

Islamic Banking in the digital age??

Islamic banking refers to a system of banking activities that is consistent with the Sharee'ah (Islamic law) and guided by Islamic economics.

Islamic banking has the same purpose as conventional banking except that it operates in accordance with the Islamic rules, known as Fiqh Al-Mu'aamalaat (Islamic rules on transactions). The basic principle of Islamic banking is the sharing of profit and loss and the prohibition of Ribaa.

Amongst the common Islamic concepts used in Islamic banking are profit sharing (Mudhaarabah), safekeeping (Wadee'ah), joint venture (Mushaarakah), cost plus (Muraabahah), and leasing (Ijaarah).

Islamic banking is well-known nowadays. Islamic scholars are open to creative solutions for the problems raised by modern finance. Any respectable Islamic fund or financial institutions has a board of scholars screening its investments and practices. “Nearly all the scholars now agree, for example that it is ok for Muslims to buy equities or stocks which are commitments to responsible ownership”, says Virginia-based Islamic scholar and fund adviser Yusuf Talal Delorenzo. This approval of the scholars is conditioned to such equities of stocks being Islamically lawful themselves.

In an Islamic mortgage transaction, instead of loaning the buyer money to purchase the item, a bank might buy the item itself from the seller, and re-sell it to the buyer at a profit, while allowing the buyer to pay the bank in installments. However, the fact that it is profit cannot be made explicit and therefore there are no additional penalties for late payment. In order to protect itself against default, the bank asks for strict collateral. The goods or land is registered to the name of the buyer from the start of the transaction. This arrangement is called Muraabahah.

The Ruling on Business Involvement With Merchant Banks?What is an Islamic view?

Decision:

The 32nd Muzakarah (Conference) of the Fatwa Committee of the National Council for Islamic Religious Affairs Malaysia held on 10th -11th June 1993 has discussed the ruling on business involvement with merchant banks. The Committee has decided that:

1. Working in bank or financial institution is permissible

2. Bank or financial institution loan is forbidden unless because of emergency

3. Depositing money in bank without taking the interest is permissible

4. Interests from bank or financial institutions are unlawful (haram) for personal use and the money should be given to the Baitulmal

5. Accepting gift and money from bank and financial institutions such as scholarship is permissible

6. Lending premises to bank is forbidden

7. Owning bank shares that operates based on riba (usury) is forbidden.

what is the punishment in islamic law about homosexual?

 

1.      Question:

what is the punishment in islamic law about homosexual?

 


Answer:

Regarding the issue of Gays, the scholars differed in opinion in regard to the method of applying the prescribed punishment of homosexuals. However, evidences support the position of those who say that “death sentence” is the prescribed punishment of anyone who gets involved in homosexuality. This is due to the narration of Ibn ‘Abbaas that the Prophet said:

"Whomever you find committing the act of the people of (Prophet) Loot, kill both; the doer and the person to whom it is done." [At-Tirmithi, Abu Daawood, IbnMaajah, and Ahmad]

Indeed many scholars quoted the consensus of the companions on this matter. Nonetheless, scholars differed about the method of killing. Some of them said that he should be killed by sword, others said that he should be stoned to death, there are let some who said he should be burnt, and a fourth group who said that he should be held upside down on top of the highest point in the city, and then he should be thrown downward, and stone him as he is going down, exactly in the same manner by which Allaah punished the peoples of Loot. However, only a Muslim ruler may implement this punishment.

All previous rules apply only to Gays.

As for lesbianism, there is an agreement between scholars that it is forbidden, and many scholars considered it among the major sins. Any woman who gets involved in it, she has committed a major sin and she should repent and seek Allaah’s forgiveness.

Concerning the prescribed punishment for lesbianism, the Fiqh Encyclopaedia reads: ''The jurists agreed that there is no prescribed punishment for lesbianism, as it is not Zina (fornication or adultery), but any woman who does it should be reprimanded as it is an act of disobedience.''

Allaah Knows best.