Ruling concerning copyright law

Assalamu Alaikum Mufti.

What is the ruling on copyright in Islam? If there’s a copyright image of Islamic reminders as well as Eid images..can I use the photo from the internet and edit it with addition/ subtraction to the design and have it printed for Islamic wall art designs for sale?

Wa Alaikum Assalaam,

Many Scholars have accepted the ‘law of copyright’ and have stated that a person who has written something or created/made/invented something has a right to claim possession and ownership over the rights of its usage, which in reality refers to copyright.

As such, Islamic reminders in the form of images, photographs on the internet etc. which are copyrighted to their owners, cannot be edited, taken and used as a person’s property except that one has permission to do so. For such products, works etc. which are under copyright, one can only use it for one’s own purpose and for what it was meant for.

Without the owner’s permission, these products cannot be modified and sold or distributed. Therefore, it will not be permissible for you to use a copyrighted photo/image from the internet and edit it by adding to, or subtracting from the design, and then print it as an Islamic wall art for sale.

And Allah Knows Best.

Mufti Waseem Khan.

What is to be done if on the morning of Qurbani i end up with the bare Nisaab?

If on Eid day I end up bare nisaab but the cost of an animal at that time is more than the nisaab , what shall I do?

Wa Alaikum Assalaam,

If the cost of an animal at that time is more than the nisaab, and you do not have the amount of money to purchase an animal, then look to see if you can take a share in a large animal. If this is too costly and you cannot afford it, then Qurbani will not be essential upon you.

And Allah Knows Best.

Mufti Waseem Khan.

8/8/17.

I’m invited to a Hindu wedding of a relative. What do i do?

Asslaamu alaikum,

My Hindu cousin is getting married this weekend and my aunt insists that I come to the wedding. I know it is a Hindu wedding and it is totally haram to accept such invitation. I was advised that for the sake of keeping family ties I should at least show up before or after the wedding. Knowing this family I know that there will be a lot of music present during and after the wedding… What should I do in such a situation?

Wa Alaikum Assalaam,

In the case you have mentioned, you were not supposed to attend seeing that many haram activities would have been present.

And Allah Knows Best.

Mufti Waseem Khan.

8/8/17.

Is there Dumm for missing Wuqoof in Muzdalifa?

As Salaamu Alaikum
Respected Mufti
Following your workshop on Sunday, I would like to clarify with respect to the stay at Muzdalifa, on the morning if I left before praying Fajr and did not do wuqoof , will I have to pay a dumm, if so how much is the penalty.
I appreciate your kind response.

Wa Alaikum Assalaam,

The general law is that the pilgrim must remain at Muzdalifa to perform Fajr Salah and then do the wuqoof after this. This is essential (wajib) and if one does not do this, one will have to pay a dumm (penalty). The penalty is that of sacrificing a sheep or a goat at Mina.

Normally, it will be sufficient for one to give someone the money for this animal, who will look into getting the animal and sacrificing it. However, with respect to women, old, weak and sick people, this ruling has been relaxed. The Prophet (S.A.S) has allowed such people to leave Muzdalifa before Fajr Salah, at the last part of the night, so that they may not be harmed on account of the massive crowd that leaves Muzdalifa to go to throw the pebbles at the Jamaraat. Such people are allowed to leave Muzdalifa without doing the wuqoof and there will be no penalty upon them.

Therefore, as a woman if you leave Muzdalifa before performing the Fajr Salah and did not do the wuqoof, there will be no dumm (penalty) on you.

And Allah Knows Best.

Mufti Waseem Khan.

8/8/17.

Moon Seen Within the Region to Commence Shawwaal / Eid ul Fitr 1438 (AH)

MOON SEEN WITHIN THE REGION

To Commence Shawwaal / Eid ul Fitr 1438 (AH)

Respected Ulamaa, Brothers and Sisters,

The crescent moon to commence the month of Shawwaal 1438 AH was looked for after the sunset of Saturday 24th June 2017. Reports from all committees locally and regional confirm that the moon was seen within the region. (The moon was confirmed SIGHTED in Guyana)

The Darul Uloom Moonsighting Committee has accepted these reports and has declared that the month of Ramadhaan 1438 AH will complete 29 days and the 1st night of Shawwaal 1438 AH is the night of Saturday 24th June 2017, and the first day of Shawwaal and Eid ul Fitr 1438 AH is the day of Sunday 25th June 2017.

Eid Mubaarak / Eid Saeed

Mufti Kahiam Hosein
On behalf of
Darul Uloom Moon Sighting Committee
Rashaad Ave, Mon Plasir Rd,
Cunupia,
Trinidad, W.I

Explaination on What is Zakaatul Fitr?

Assalaamu Alaikum, can you explain in detail zaakatul fitr and saadaqatul fitr. The difference, who can receive it, should it be food or money and if money how can there be a set rate. I am a little confused i have never heard anyone explain this.

Wa Alaikum Assalaam,

Zakaatul Fitr and Sadaqatul Fitr both refer to the same thing.  It is the charity that is given on account of the day of Eid Ul Fitr. This is why it is called Zakaah Al Fitr or Sadaqah Al Fitr.

Those who are poor and needy can receive it. It can be given in food and also in cash. If it is given in food, then the following can be given:

  • 1 Saa’a of dates or barley. This is based on the tradition of Abdullah Bin Umar (R.A) who said, ‘The Messenger of Allah (S.A.S) prescribed the payment of Zakaat Ul Fitr of Ramadhan for people, for every freeman, or slave, male and female among the Muslims, one Saa of dried dates or one Saa of barley.’ (Muslim Hadith No.2149)
  • 1/2 Saa’a of wheat. This is based on the tradition of Abdullah Bin Umar (R.A) who said, ‘The Messenger of Allah prescribed the Sadqa of Ramadhan (Sadaqatul Fitr) one saa of dates or one saa of barley for every free man or a slave, male or female, and then the Muslims (Sahabahs and Tabieen), equalized (one saa of dates or barley) with half saa’a of wheat’. (Muslim – Hadith No. 2151).
  • 1 Saa’a of raisins, dried cottage cheese. This is based on the tradition of Abu Saeed Al Khudri (R.A) who said, ‘At the time of the Messenger of Allah (S.A.S) we used to give a saa of food on the day of Eid Ul Fitr.’ Abu Saeed then said, ‘And our food was barley, raisins dried cottage cheese and dates.’ (Sahih Al Bukhari Hadith no. 1408).

Based on the above, Sadaqatul Fitr can be given in dates, barley, raisins, cottage cheese, wheat and flour. The Scholars have stated in this regard, ‘If the staple food of a people is corn, pearl millet,  thin husk barley, rice or any grain on which Zakaat is obligatory then they may give it as Zakaat Al Fitr.’ (Al Umm).

With respect to the amount which must be given in these grains, many Scholars have stated that on behalf of a Muslim, one Saa’a of dates, barley, raisins, dried cottage cheese, wheat, corn or flour etc. will be given to the poor and needy. One Saa’a is equal to 2kg 174 grams or 43/4 lbs. According to many scholars, one Saa is equivalent to four full handfuls (of both hands) of grain; such handfuls being of an average size.

Other scholars have stated that if wheat is given, then half of a saa’a of wheat will be given, and if barley, raisin or dates is given then one saa’a will be given. According to these scholars, one saa’a is equal to 3kg 240 grams or 7lbs 2 ounces.

The preferred view is that one saa’a will be used as the measurement for any  grain or the staple food of any community since one saa’a has been clearly stated in authentic hadith for the calculation of Sadaqatul Fitr and it is of precaution. Also, according to some scholars, the usage of half a saa’a for wheat by the companions of the Prophet (S.A.S) was due to the reason that at that time, half of a saa’a of wheat was equal in value to one saa’a of other grains such as barley or dates or raisins.

Therefore, with the preferred view, 43/4 lbs or 2kg 174 grams of wheat, barley, raisins, dates, flour or any staple food etc. will be given as Sadaqatul Fitr on behalf of a Muslim individual.

With respect to paying Sadaqatul Fitr in money/cash, this is also permissible. The purpose of sadaqatul fitr is that this charity be given to the poor and needy so that it will be a help to them, particularly on the day of Eid so that they may also enjoy themselves and have sufficient to eat on this day. It also serves as purification for the giver against mistakes made while fasting.

Seeing that the Sadaqatul Fitr is to be given to help the poor and needy, consideration must be given to them so that they will not be in a state of want and deprivation. In our times, dates, raisins, barley, wheat is not from the staple foods that many people consume. Although these are used, they are not from the food/meals that people eat on a daily basis. Therefore, one needs to consider whether the above mentioned dry foods will help in satisfying the needs of the poor and needy today. In our times, fulfilling the needs of the poor and needy can be easily done with cash which they can use to purchase food and clothing on the day of Eid.

While shedding light on the above topic, the prominent Muslim economist Dr. Monzer Kahf writes, ‘Zakaatul Fitr can be paid in cash if cash is better from the point of view of the recipient poor.’

‘We have correct sayings by the Prophet (S.A.S) that the due Zakaat Ul Fitr is one saa’a of barley, dates, raisins, or dried yoghurt. These were common foods in Madinah and its surroundings. At the time of the companions (Sahabahs), wheat started to become a food item for the well-to-do families, and was a lot more expensive than barley. They estimated that one saa of barley is equivalent in value to half saa’a of wheat.’

‘Consequently, we have several reports from the time of the companions that they substituted value for the items that are mentioned in the saying of the Prophet (S.A.S).’

‘Ibn Taimiyah, one of the prominent Scholars of the early ninth century of Hijrah, argued that the payment of Zakaatul Fitr in cash in metropolitan area such as Damascus where he lived, is actually better for the poor.’

When the cash value is given in Sadaqatul Fitr, then it will be equivalent to one saa’a which is 43/4 lbs of wheat/flour.

And Allah Knows Best.

Mufti Waseem Khan.

22/06/17.

Do I have to pay Zakaat on equipment for rent?

If someone has a business renting equipment’s like compactors and jackhammers etc. and the all those tools worth $60,000.00. That person was in a debt and also had to sell a piece of land to repay it and the debt was repaid. The land was sold 4 months ago.  Does that person have to pay zakat on business and the remaining amount of money? I was told that a year has to pass on the savings before paying.

Wa Alaikum Assalaam,

Zakaat is not paid on equipments that are for rent. It is only paid on items and equipments you have for sale. Hence, you will not be required to pay zakat on the compactors, jack hammer etc. What you will have to do is pay zakat on whatever monies which may come about from rentals and are together with your savings. After a year has passed over your Nisaab, then you will pay 21/2 % on the total amount of money in your savings.

A year is not required to pass over your savings specifically. From the time your money (savings) had reached the nisaab, you will check one year from that date. Then when one year has passed from that date, you will look at all the monies which you have achieved during the course of the year. This will include monies gained from renting equipments and the money which remained from the sale of the land after repaying the debt.

Upon the completion of the year, you will pay Zakaat upon the entire amount after subtracting whatever debts, bills etc. you will have to pay from that money.

And Allah Knows Best.

Mufti Waseem Khan.

22/06/17.

Institute of Higher Islamic Studies & Secondary Education