9 months ago

Miftah-ul-Janna (Booklet for way to Paradise)

acts of worship in

acts of worship in accordance with their own inferences from the Qur’ân’s âyat-i-kerîmas, are called lâ-madhhabî people, (i.e. people without a certain Madhhab,) or heretics. Our reply to such heretics should be: “I perform my acts worship not in accordance with your inferences from the Qur’ân al-kerîm and from hadîth-isherîfs, but in agreement with what the Imâms of (the four) Madhhabs understood and explained.” Books teaching the undestandings of the Imâms of Madhhabs ‘rahima-hullâhu ta’âlâ’ are called books of Fiqh. Kitâb-ul-fiqh ’alal-madhâhib-il-erbe’a, prepared by a group of muderrisîn (professors) of the madrasa (university) of Jâmi’ul edhher presided over by Prof. ’Abd-ur-Rahmân Jezîrî, supplies all the teachings of Fiqh in four separate sets, each set of the teachings belonging to one of the four Madhhabs. The entire book, in five divisions, was printed in Cairo in 1392 hijri [1972 A.D.]. It states as follows in its chapter entitled ‘Zakât for awrâq-i-mâliyya (banknotes)’: “Savants of Fiqh stated that it is necessary to pay zakât for awrâq-i-mâliyya, i.e. paper bills. For they are being used in lieu of gold and silver in trade. They can always be exchanged with gold or silver easily. For a person who has plenty of paper bills not to add their value to that of their gold and silver as they calculate the amount of nisâb for zakât, and in effect not to pay zakât for them, is not something acceptable to the human mind. For that matter, savants of Fiqh in three Madhhabs unanimously stated that it is necessary to pay zakât for paper bills. The only Madhhab differring with this consensus is the Hanbalî Madhhab. Savants of the Hanafî Madhhab said that paper bills are deyn-iqawî and that they can be exchanged for gold and silver at will and immediately. (Please scan the first chapter of the fifth fascicle of Endless Bliss for ‘deyn-i-qawî’.) They added that for that matter zakât for them must be paid without delay. For, to pay zakât for a loan that is due becomes farz when gold or silver is taken possession of. Although zakât becomes farz before they are taken possession of, it does not become farz to pay it.” In that case, you have two choices: You may either wait until you are able to collect them and pay zakâ for the passed years as well, or pay zakât for them as well yearly by spending the ’ayn gold an silver in your possession. You cannot pay the promissory notes in your possession as the zakât of the gold coins owed to you; when you collect the gold and silver coins written on the promissory notes from the debtor, it becomes farz for you to separate one-fortieth of them for each of the passed years and dispense them to the poor. – 198 –

By the same token, paper bills cannot be paid as zakât. What must be done is to buy gold coins with the lowest value from a money changer by spending one-fortieth of them and dispense the coins you have bought, or gold rings and/or bracelets with a total weight equal to the coins, to the poor. It is not permissible to absolve your debtor from his debt in return for the zakât you are to pay him in a way whereby the zakât and the debt are offset against each other, so that neither he (actually) pays you his debt nor you (actually) pay him zakât. You have to (actually) pay the zakât to the poor person, and thereafter he has to pay his debt by returning what he has been given. For a creditor who cannot believe that his debtor will return what he has been given, there is a technique suggested at the final part of the sixth volume of the book entitled Fatâwâ-yi-Hindiyya. It says: “The creditor shows a person whom he trusts to his debtor and says, ‘Appoint this person your deputy to take the zakât which I am going to pay you and to pay me your debt.’ Thereupon the poor debtor appoints that person his deputy. When that person takes the zakât, the property that he takes (as zakât) becomes the poor person’s property. Thereafter he gives that property back to the rich person, and thereby the poor person’s debt has been paid. Supposing a poor person owes debts to two different people and one of those people wants to absolve the poor person from his debt to him by paying him zakât as much as the poor person’s debt to him; then he donates his due as alms to the poor person. Thereby he absolves the poor person from the debt in a way that is halâl. Thereafter the poor person returns (the gold paid him as) the zakât to the rich person as a gift. Or, the poor person borrows gold equivalent to his debt from someone and donates it as a gift to the rich person, who in his turn returns the gold to the poor person with the intention of paying him zakât, and absolves the poor person from his debt, that is, he forgives his debt. Thereafter the poor person returns the gold he has been paid as zakât (by the rich person) to the lender of the gold. (Property to be paid as) zakât [or property vowed] cannot be spent for pious acts or for charity (in lieu of paying zakât [or paying the property vowed]). For doing so you pay them (as zakât [or thing vowed]) to a poor person you know, and that person carries out the so-called acts of charity.” As will be concluded from these examples, to manage to pay zakât in paper bills, you borrow ornamental gold articles the same weight as the gold coins you intend to pay in lieu of the paper bills from your wife or from one of your acquaintances. You give these gold – 199 –

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