Showing posts with label property. Show all posts

Mortgage (Ahadith 1777 - 1778)

Bismillah.
Volume 3, Book 34, Number 282:
Narrated 'Aisha (radiallaahu `anhaa):
The Prophet (sallallaahu `alayhi wasallam) purchased food grains from a Jew on credit and mortgaged his iron armor to him.

Volume 3, Book 34, Number 283:
Narrated Qatada:
Anas (radiallaahu `anhu) went to the Prophet (sallallaahu `alayhi wasallam) with barley bread having some dissolved fat on it. The Prophet (sallallaahu `alayhi wasallam) had mortgaged his armor to a Jew in Medina and took from him some barley for his family. Anas (radiallaahu `anhu) heard him saying, "The household of Muhammad (sallallaahu `alayhi wasallam) did not possess even a single Sa' of wheat or food grains for the evening meal, although he has nine wives to look after."
Mortgage: convey (a property) to a creditor as security on a loan.
It is neither the taking out of a loan nor a mortgage which by itself is unlawful or prohibited in Islam; what is unconditionally and specifically prohibited and absolutely unlawful in the Sight of Allah is the ‘interest’ element in the loan or the mortgage.
Thus if one takes out an interest-free mortgage on their house or property, such a transaction would be absolutely lawful in the Sight of Shariah Law.
This is the general and overall ruling. Further details will come in the future inshaAllah.

Zakah on Shared Property (Ahadith 1189 - 1190)


Bismillah.
Hadith no. 1188 (below) is a repeat. Read it here (Hadith no. 793).
Volume 2, Book 24, Number 529:
Narrated Ibn Abbas :
I am a witness that Allah's Apostle offered the Id prayer before delivering the sermon and then he thought that the women would not be able to hear him (because of the distance), so he went to them along with Bilal who was spreading his garment. The Prophet advised and ordered them to give in charity. So the women started giving their ornaments (in charity). (The sub-narrator Aiyub pointed towards his ears and neck meaning that they gave ornaments from those places such as ear-rings and necklaces.)

Zakah on Shared Property

Volume 2, Book 24, Number 530:
Narrated Anas:
Abu Bakr wrote to me what was made compulsory by Allah's Apostle and that was (regarding the payments of Zakat): Neither the property of different people may be taken together nor the joint property may be split for fear of (paying more, or receiving less) Zakat.
Volume 2, Book 24, Number 531:
Narrated Anas:
Abu Bakr wrote to me what Allah's Apostle has made compulsory (regarding Zakat) and this was mentioned in it: If a property is equally owned by two partners, they should pay the combined Zakat and it will be considered that both of them have paid their Zakat equally.
  1. There is no Zakah on land of one does not intend to sell it. Details.
  2. Shares in land - to be treated as trade goods. Calculate their value each year and pay ZakahDetails.
  3. In partnership (mudaarbah), each partner pays Zakah on his share. Details.
  4. Zakah on shares.
It's all a bit too much to take in at once, I agree. Took a lot of time making sense out of it myself. Basic principle is quite simple and direct, it gets complex when we get into the nitty gritty. Some might not agree with me. Well.

Taken from: http://ilookilisten.wordpress.com/2012/11/24/zakah-on-shared-property-ahadith-1189-1190/

His grandfather left instructions that the females should be deprived of their inheritance; should they follow this with regard to their father’s legacy?


Praise be to Allaah.






Firstly:

A will which deprives the females of their inheritance is an unjust and haraam will, because it is contrary to the division of the estate as enjoined by Allah, may He be exalted, in His Book, and He issued a warning to the one who goes against that. Allah says concerning inheritance (interpretation of the meaning):

“These are the limits (set by) Allaah (or ordainments as regards laws of inheritance), and whosoever obeys Allaah and His Messenger (Muhammad صلى الله عليه وسلم) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.

14. And whosoever disobeys Allaah and His Messenger (Muhammad صلى الله عليه وسلم), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment”

[al-Nisa’ 4:13, 14].

It is not permissible for the heirs to act upon this unjust will; rather they have to give the women their rightful share of the legacy.

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