THE LEGAL DONKEY FICTION
Q. According to the lawyer, Mr. M. S. Omar, the view of a legal person and the view of the permissibility of transferring haraam money to a Waqf and its changing character therein are views expressed by Mufti Taqi and other senior Ulama. Please comment.
A. We are not the muqallideen of Mufti Taqi or of the other contemporary senior Ulama. We are the Muqallideen of Imaam Abu Hanifah (rahmatullah alayh). Mufti Taqi’s view is his personal opinion unsubstantiated by Shar’i dalai-il. Such opinion is devoid of Shar’i standing and substance. We reiterate that:
(1) A ‘legal person’ is a legal donkey. It is a fictitious donkey fabricated by capitalism to rob and fraud. There is no concept in Islam such as a legal entity or a legal donkey. A fiction has no reality in the Shariah.
(2) A Waqf and a Musjid are not legal donkeys. A Musjid building cannot own anything. A stone has no rights and obligations, and no powers of contracting as the neo-capitalists and slaves of the west propound. The Ulama who propagate these ugly and stupid theories of capitalism have lost their Islamic mental equilibrium. Their minds have become liberalized as a consequence of western mental conlonization, hence they blurt out stupid drivel – drivel such as a legal donkey and drivel such as haraam money becoming halaal if handed to a Musjid/Waqf. Their thinking is indeed putrid and despicable.
The Hadith states very clearly that Allah Ta’ala does not accept haraam. Yes, the Shariah has opened an avenue for the elimination of haraam, i.e. to eliminate it from one’s possession. The avenues of elimination differ. According to some Ulama it has to be incumbently given to the Fuqara. According to some, it may be utilized for public works as well. But there is no opinion which condones the legal donkey concept or the dastardly notion of giving haraam money to a Waqf. A Musjid is Waqf. Haraam money may not be used for any of the expenses of the Musjid.
When Ulama associate, mingle and socialize with capitalist kuffaar, then their Islamic thinking and bearings become blurred. Then they get transformed into scholars for dollars, hence they unthinkingly blurt out just any liberal corruption which is in harmony with the theories and riba practices of the capitalists.