DOES HARAAM MONEY BECOME
HALAAL IF TRANSFERRED TO A WAQF INSTITUTION?
THE LAWYER, MR. M. S. OMAR SAYS: ‘YES’
Q. A Durban lawyer, Mr. M. S. Omar has issued a ‘fatwa’ in which he claims that haraam money becomes ‘halaal’ if transferred to a Waqf. In his ‘fatwa’ he states:
“It should be noted that, if impermissible income such as interest, is paid to a waqf, such income changes its character and constitutes a halal accrual of ownership in the hands of the waqf, because the cause of ownership transfer (from donor to done) has changed. On this basis, the waqf, as owner thereof, is entitled to use the money for its defined objectives, including operational expenses. This rule is supported by the following hadith: Barirah (ra) received some meat as sadaqah. The Prophet (saw) replied: “For you, it is (received as) sadqah. For us, it is (received as) a gift.”
ANSWER: According to the Hadith of Rasulullah (sallallahu alayhi wasallam), when Qiyaamah is in close proximity, there will the ascendency of Juhala. The juhala will be teeming all over the show. Juhala will pose questions to Juhala who will issue corrupt ‘fatwas’. Both the questioner and the one who answers will be astray. The ‘fatwa’ of the lawyer is of this category.
We have seen the stupid ‘fatwa’ in which the lawyer ludicrously and moronically contends that a Waqf is the same as the capitalist fictitious donkey which they term a ‘legal; person’. Calling this figment of hallucination a ‘legal donkey’ seems more appropriate. The errant lawyer brazenly without the least application of his mind, avers: “The waqf is in substance a legal person, with power to contract, acquire its own rights and incur its own obligations. Any subsequent donations made to the waqf are owned by it, as a separate legal entity……”
His jahaalah is scandalous. He does not even understand that according to the Shariah, in the unanimous view of all the Fuqaha, only an Aaqil (i.e. a sane intelligent person) and Baaligh (an Iislamically adult) has the power to contract, own, and who has rights and obligations. Even a living donkey or an insane human being who is alive has no power of contracting. But, according to the lawyer a fictitious donkey or an abstract idea or hallucinated phantom termed ‘legal entity’ enjoys all the rights and powers of an Aaqil Baaligh.
A Waqf, e.g. a Madrasah, Musjid or Waqf property established for a specific objective, is not an intelligent human being. The lawyer whose brains are fitted in the straightjacket of western educational indoctrination, believes, like his capitalist, kuffaar university tutors, that a building or a stone or a dead donkey can acquire powers exactly as those of an Aaqil Baaligh (a sane adult human being).
There is absolutely no such capitalist haraam concept in the Shariah. The proceeds of prostitution, gambling, liquor and interest never become halaal if deposited in the Musjid’s cash box or in the coffers of a Madrasah or of any Waqf institution. The haraam money remains haraam even if transferred into the Musjid’s banking account. It is haraam to utilize the haraam money for the Musjid Waqf institution or for the Madrasah or for any other Waqf institution.
There is not a single Waqf which is instituted for bringing about a haraam-halaal metamorphosis. There is absolutely no change of character taking place in the haraam money which is transferred into the cash box of the Musjid, Madrasah, etc. The filth remains filth. The Hadith which the lawyer cites in substantiation of his preposterously baatil ‘fatwa’ of corruption, further illustrates his jahl-e-muraqqab. Hadhrat Barirah (radhiyallahu anha) was a living human being. She was an Aaqilah Baalighah (an adult who was sane). It is absolutely ludicrous and stupid in the extreme to equate the legal fictitious donkey – a baatil figment of the riba imagination of the kuffaar capitalists – with Hadhrat Barirah (radhiyallahu anha). There is absolutely no resemblance between a legal fictitious donkey and an adult sane human being.
The change of the character of the haraam money requires the imperative condition of the Tamleek of the Fuqara. It is essential for a poor person to become the owner of the money. Once the money is in his ownership, its character is changed. The character of the money does not change if transferred from one box to another box. The Musjid, Madrasah or any other Waqf institution never becomes the owner of the assets for the simple Shar’i reason that only human beings have this power. Rights and obligations are related to human beings, not to abstract, stupid, irrational ideas fabricated by vermiculated minds saturated with the lust of riba.
The lawyer’s self-assumed expertise in Shariah law is the effect of his nescience, hence most of his spurious arguments and hallucinated ‘dalaa-il’ are a convoluted potion of capitalist ideas and a smattering of Shariah arguments which in turn are corrupted with an admixture of different math-habs. Superficial ‘scholars’ whose decollated scum ‘dalaa-il’ create for themselves a cesspool of spiritual iniquity, hence their emulous imitation of corrupt kuffaar concepts, come within the purview of Rasulullah’s warning:
“He who speaks about the Qur’aan with his opinion should prepare his abode in the Fire (of Jahannum).”
Every branch of Shar’i Uloom stems from the Fountan of the Qur’aan Hakeem. No one has the right to employ his sensorial density, i.e. convoluted brains, to fabricate ‘fatwas’ of the nafs for which these scholars of modernity exude a peculiar penchant tantamount to kufr. The Shariah is treated like a toy to be handled and mishandled at whim and fancy. Just look at this secular lawyer. In his essay on Waqf he makes a hash of the Shariah with his potion consisting of the silly and stupid ingredients such as the capitalist concept of a legal fictitious donkey, the Hague Convention on Law, the law of Australia and haraam unit trusts. Then to add an ‘Islamic’ flavor to the his hash and hogwash opinion, he deceptively cites Hadith, Ibn Qudaamah, Fatawa Hindiyyah, Ibn Aabideen, etc. when in reality there is not even a semblance of support for his nafsaani ghutha in any of the Shar’i sources he quotes as red herrings.
(1) There is absolutely no concept such as a legal person in the Shariah. This is pure kuffaar fabrication, the product of riba brains.
(2) Rights, powers, ownership and obligations belong exclusively to sane, adult human beings, not to stones, donkeys and hallucinatory donkeys of the mind.
(3) Haraam money remains haraam if transferred to a Waqf institution. It is haraam to utilize haraam money for any of the purposes of the Waqf institution.
(4) Haraam money whose elimination from one’s possession is Waajib, changes its attribute only after the occurrence of the factor of Tamleek. That is, it is Waajib for the haraam money to pass into the ownership of the Fuqara and Masaakeen. Minus such Tamleek, the haraam money will remain haraam.
Salaam on those who follow Hidaayat.
14 Jamadith Thaani 1435 - 15 April 2014
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