Danish political parties, which are always competing in their attack on Islam and Islamic provisions, are now trying to entice Muslims to participate in the municipal elections. While calling for Muslims to separate religion and politics, we now see them asking Imams and those responsible in the mosques to urge Muslims to vote!

At a time when the community is being attacked by some Danish politicians, those invitations to participate in the elections and urging people to do so, unfortunately received response in the Islamic centers. They have invited Muslims to participate in Haram with the justification that participation benefits the interest of Muslims. Even if we assumed that there is a debatable interest for the community, the interest based on which they invite people to participate in the elections is an interest not considered by the Shariah for its conflict with Islamic dogmas and necessities of our Deen. For those who call for action upon interest, then this is only possible within the permissible (Mubah) acts. Whereas an interest that permits the Haram or prohibits the Halal is void and holds no Shar'i consideration according to all Fuqaha. How can we say that signing usury contracts, licenses for alcohol trade and for prostitution, as well as conducting forbidden marriages such as same-sex marriages - these are all actions carried out by the municipality - are in the interest of the Muslims? In addition to other work carried out by the municipality within the area of legislation and governance that is absolutely forbidden in Islam.

The provisions of Islam recognize and urge people to choose and appoint their representatives in the government, which may be done by way of voting. Nevertheless the reality in secular systems is completely different, because politicians and the representatives of the people are authorized to carry out acts contrary to the provisions of Islam.

Election is a form of authorization. Therefore the ruling on the issue of electoral participation is connected to the question of what is being elected. If an election relates to a Haram action - which is the case here - then the election itself is Haram for choosing people to perform a Haram action. Hence, participation in the municipal elections is Haram, because it authorizes people to indulge in Haram.

Furthermore, the choice of the voter is limited to secular parties which do not hesitate to attack Islam and its provisions whenever they find the opportunity to do so. Sometimes they attack the Khimar (Islamic head covering) and claim it as a symbol of oppression of women, sometimes they challenge the Islamic perspective on the relationship between men and women and how to raise children and their upbringing, and at other times they attack the legitimacy of the Hudud (fixed punishments), such as the punishments for adultery and sodomy. A simple example of this is former Minister of Integration, Karen Haekkerups of the Socialist Party (Socialdemokratiet), who incited young girls and Muslims to revolt against their families if they prevented them from enjoying a free, Western lifestyle.

Our uppermost interest as a Muslim community is to maintain our identity and our values. What some desire from interests to come through electoral promises are only a mirage that the thirsty imagines to be water. Had those calling for participation realized the damage awaiting the Muslims from those parties of integration and their policies in case of their electoral victory, never would they have dared to make such a call and would have quickly retracted.

The preservation of the independence and integrity of our mosques and those working in them is also a vital interest of the Muslims. By contrast, linking the interests of the Muslims to the political system is a gamble and negligence of the independence of those mosques and the integrity of those who administer them. It is expected that politicians will ask Muslims, associations and mosques to refrain from statements or certain Islamic activities in exchange for achieving that imaginary interest.

In regard to the important question about our ability to build mosques, open new centers and schools, provide halal food and the like without participating in the elections: We have to realize that most of these needs are our rights as citizens, there is no need not consider them a charity given to us in good will. Political participation is not one of the conditions for the people to receive their rights.

In fact, most people in Western countries do not vote and take negative stances towards the entire political system. However, they do not lose their basic rights as citizens. Thus what we really need is to demand our rights vigorously, in word and deed. With regard to demands that are not from the fundamental rights, it is possible to achieve them as special projects funded by the community. Our records in this area speak for themselves: The community has built several mosques, schools and centers and set up projects to provide halal food, depending on the contributions of people of the community and their unfading efforts, without assistance from the government and municipalities.

As for the claim that the lack of participation will lead to isolation and create a parallel society to the Danish society is false. Engaging in the community is not restricted to participation in the political system, although we must be politically active, but on the basis of Islam. Islam defines in detail a unique and clear structure of activity, where the principles are not compromised, the goals are not surrendered, and the methods are not evasive. Therefore we must engage in the community at all levels, but on our terms and with the targets exclusively defined by Islam. We must work to strengthen the existence of a unified, independent and strong community, able to engage positively in order to be privileged to be a role model in the community.

Also the claim that the non-participation of Muslims in the elections is a service to the current right-wing is misleading, intended to intimidate Muslims. Is not the left-wing, which is currently ruling, applying integration policies, which do not differ in substance from the previous government's policies in the era of Anders Fogh Rasmussen? The only difference between the two policies is the level of filth in speech when challenging Muslims. Even this difference virtually disappears now, such that both governments have reached the same level of filth in speech.
It is a mistake that some think that the interest of the community will be realized by the left-wing. This wing, which does not hesitate to fail its leftist electors, pronounces its hate against Islam, its Prophet, its values and its carriers. Not to mention their participation in the monitoring of Muslims internally, and the shedding of blood and the occupation of their countries abroad.

وَلاَ تَرْكَنُواْ إِلَى الَّذِينَ ظَلَمُواْ فَتَمَسَّكُمُ النَّارُ وَمَا لَكُم مِّن دُونِ اللَّهِ مِنْ أَوْلِيَاء ثُمَّ لاَ تُنصَرُونَ

"And do not incline toward those who do wrong, lest you be touched by the Fire, and you would not have other than Allah any protectors; then you would not be helped." [Hud: 113]

Oh Muslims: The presence of a strong and independent community is formed by what the community owns from men, women and young people, who have dedication, perseverance and commitment to the principles. Then we will be able to move forward to deal with all of our issues and the creation of independent institutions that spread Islam, working to build strong Islamic personalities, addressing propaganda that is hostile to Islam, and taking up the Islamic call (dawah) to the whole society. A glance around us reveals a society that suffers from many problems, that is dominated by discontent over social conditions on a large scale. Therefore Muslims should be the ones on the bright side of the community, and a guiding beam which attracts the sincere and open minded ones from the non-Muslims, who are eager to live a satisfied life and find real solutions to their problems. This will only materialize when we become a leading example, and carry the Islamic Dawah in word and deed to all.

Oh Muslims: You are the best nation raised for mankind. The satisfaction with the reality and resignation to it are not worthy of you, as well as to work for the interests of what they fancy. It is imperative that you mobilize to achieve our goals based on Islam alone. Whenever we falter before the system and the current reality, we will find ourselves drifting downwards. We will be immersing inadvertently in an interpretation of Islam that is in accord with the bad reality - which brings Allah's wrath over us - instead of transforming the reality to conform to Islam. Then we will gain the satisfaction of Allah Almighty, who ordered us with His saying:

يَا أَيُّهَا الَّذِينَ آمَنُوا اسْتَجِيبُوا لِلَّهِ وَلِلرَّسُولِ إِذَا دَعَاكُمْ لِمَا يُحْيِيكُمْ

"O you who have believed, respond to Allah and to the Messenger when he calls you to that which gives you life." [Al-Anfal: 24]

Question

Assalaamu Alaikum wa Rahmatullah wa Barakatuhu

Our esteemed Sheikh, I would like to request from you that you clarify the hukm (ruling) on dealing with Islamic banks, specifically the issue of profit sales (murabaha) such as buying a car or house through the Islamic bank. I know that it is haram but when I give advice to someone regarding this I cannot explain the matter in details. I would like to give an example from our reality that people say it resembles the Islamic Bank in how they deal... where we reside you can make an agreement with the building companies to build a complete house for you in payment instalments (checks) while they contract welders, carpenters, cement...etc. for a specific rate for the materials (e.g.15%), and while they do not own the house, is there any difference between this transaction and that?

Answer

Wa Alaikumu Assalaam wa Rahmatullah wa Barakaatuhu

1. Islamic banks transactions which are called profit sales are transactions contradictory to the Shari', as highlighted in the following:

First: The bank conducts the contract of sale with the buyer before it buys the car or refrigerator. The Prophet (saw) prohibited selling of that which you do not own, from Hakeem Ibn Hizam, said:

قَالَ: قُلْتُ: يَا رَسُولَ اللَّهِ، يَأْتِينِي الرَّجُلُ يَسْأَلُنِي الْبَيْعَ، لَيْسَ عِنْدِي مَا أَبِيعُهُ، ثُمَّ أَبِيعُهُ مِنَ السُّوقِ فَقَالَ: لَا تَبِعْ مَا لَيْسَ عِنْدَكَ

I said: "O Messenger of Allah, a man comes to me to buy (a product), but I do not have what he asks for, I sell it to him later from the market". He (saw) said: "Do not sell that which you do not own". [Narrated by Ahmad]

This man asked the Prophet (saw) about the buyer who comes to buy a product from him which he does not have, so he goes to the market and buys it then sells it to him.

The Prophet (saw) prohibited him from this unless the product is with him and he presents it to the buyer, if the buyer wishes to purchase or not.

To elaborate further: The one who asks the bank for a financial loan, he will be questioned by the bank for the reasons for borrowing the loan or money. The borrower will say that it is to buy a refrigerator or car or washing machine, the bank will conduct the deal with him to buy the product for him and then sells it to him in instalments for a certain price.

This agreement becomes binding even before the bank purchases the refrigerator for the person; the person cannot back down from buying the refrigerator from the bank, because the agreement with the bank has taken place before the product became the possession of the bank, the contract is conducted before the bank owns the refrigerator.

It is incorrect to say that the bank sells the product to the buyer after the bank have bought it, because the contract between the bank and the buyer was conducted on a binding basis before the bank purchases the product with the proof that the buyer cannot refuse to buy it after it has been purchased by the bank for him, because the contract was conducted on a binding basis before the bank have purchased the product.

If the bank had a warehouse with products e.g. refrigerators inside and it showcases them for the person then he chooses to buy or not just like with any other sellers, then the sale in cash or in instalments is permitted.

Second: It is not permitted to increase the value of the instalments if the buyer delays the payment of one instalment, i.e. the value of the debt increases; because this is Riba and it is called accrued interest (riba an-nassi'a) and this was practiced during the Jahiliya time if the time for payment arrived and the debtor was unable to re-pay due to the assigned date and the increase in debt which Islam came to prohibit absolutely, and granted the debtor who is facing hardship no increase in the value of the debt

((وَإِن كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَىٰ مَيْسَرَةٍ وَأَن تَصَدَّقُوا خَيْر لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ))

"And if someone is in hardship, then [let there be] postponement until [a time of] ease. But if you give [from your right as] charity, then it is better for you, if you only knew" [Al-Baqara: 280]

According to what is mentioned above, this transaction with the bank is not allowed.

2. As for what you have mentioned in terms of contractors, the situation is different. There is no contract of sale for a house which is not owned by the contractor, the situation is that the land owner makes an agreement with the contractor for a leasing contract to build the house according to the criteria for a wage that the house owner gives to the contractor in instalments to finish the job, it is not a contract of sale for a house in the air that is not owned by anyone.

If the reality is that it is the selling of a flat which is not built yet and the contactor does not have a correct ownership of it then the sale is not permitted.

Your brother,
Ata Bin Khalil Abu Al-Rashtah

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