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Q&A: Selling in Instalments with the Presence of a Penalty Clause

Is the selling contract legal when the selling price is fixed as a monthly payment with a written penalty clause of increasing the value of instalment in case the buyer fails to pay on time or delays the payment? From Aboudhia Taki Answer: The contract of selling can be set for an upfront payment and it can also be as a deferred payment i.e. instalments. But it is not permissible to increase the price due to the failure of the buyer to make the payment. If the failure of payment is by a wealthy person who is delaying; he will be punished by the state, a suit will be filed against him for delaying due to the saying of the Prophet صلى الله عليه وسلم as narrated by Abu Dawoud on the authority of Amr bin ash-Shreidi from his father from the Messenger صلى الله عليه وسلم said: «لَيُّ الْوَاجِدِ يُحِلُّ عِرْضَهُ، وَعُقُوبَتَهُ» "The delaying (in payment) by the wealthy (who is able to pay) permits the verbal attacks (to be called a delayer) on him and his punishment...

Q&A: The Murabaha contract | Sheikh Ata’ Abu Rashtah

Assalamu Alaikum Wa Rahamatullah Wa Barakaatuu Our Sheikh and Ameer, Ata Bin Khalil Abu Al Rashtah, my question is: what is the ruling on the profit sales contract (Murabaha)? Is it permitted, fasid, or batil (invalid)? It so happened that some of our brothers made an agreement using the Murabaha contract -after some time – they realised that it is invalid. The first party who paid the capital, received the same amount of the capital plus a half (in profit), now after realising the prohibition of the contract, he is demanding the rest of the profit. The Question: What is the nature of the contract in terms of permission and prohibition? Is the money that he received permitted or prohibited? Does he have the right to demand the remaining profit after taking the amount of the capital and a half, even though the brothers know that the basis of action is that they must be restricted to the Shar' rules. Please benefit us and Jazak Allah Kul Khair. Abu Suhail, Berlin From Muhamm...

The Central Aleppo Prison Massacre shows that the Criminal Syrian Regime must be removed

Oh Muslims: The Sidnaya Prison Massacre was one of the causes of Revolution in al-Sham, and now the Central Aleppo Prison Massacre must be a Direct Cause for the Eradication of the Criminal Regime that Promises all of the People of Syria the Same Dark Fate! The protocols of the encounters in London, Paris, New York, Moscow and Istanbul for the sake of what is called a political solution were still beginning, when the regime intensified its attack on the people of Syria and doubled the blood baths on every area of this pure land, the land of the Prophets, Companions and noble Followers. After the massacre of Safira and the blockade of the Damascus suburbs, Homs and Hama, Bashar and his cursed clan premeditated to carry out a horrific massacre in the Central Aleppo Prison. He instructed his demons there to shoot the innocent prisoners, who out of fear barricaded themselves in their cells with everything they could find, and they shot these heroes with RPG's. They shelled innocen...

Syrian National Coalition bows down to the US Ambassador

بسم الله الرحمن الرحيم Finally, the Coalition announced its Bow to Ford all the way down to their Feet Whereas their Bow before only slightly Exceeded the Limits of their Knees! Al-Jarba's coalition began its meetings in Istanbul on Saturday, Sunday and Monday, 9, 10, 11/11/2013 CE under the administration of U.S. Ambassador Ford. Al-Jarba was dictated the decision to attend the Geneva II Conference in stride with Geneva I, and Ford was the commandant in taking the decision. Al-Jarba and his aides thus swallowed what they had declared beforehand from Bashar's withdrawal before going to Geneva or at least to have his retirement guaranteed. So both conditions were flown away with the wind and were replaced by empty words that do not satiate nor appease one's hunger: That Bashar will not have a role, without mentioning when that will be! It was due to the strength of American influence in the meeting, and the weight of pressure, and the extent to which Al-Jarba gave in ...

Q&A: Is it the right of the Khaleefah to ask for the bay’ah of ta’at (obedience) from Muslims in the West?

The following is the translation from an Arabic Q&A issued during the time of Sheikh Abdul Qadeem Zalloom (rh). Question: Is it the right of the Khaleefah to ask for the bay’ah of ta’at (obedience) from those Muslims who live in the West? And if so, on what areas can the Khaleefah command them on and in what areas can he not instruct them? If they reside outside the State, in the West, is it Fard to obey the adoption of the Khaleefah on matters that relate to their reality. E.g. they cannot implement the penal code but they can implement in the adopted opinion on jilbaab etc.? And is the order of obedience on particular matters restricted to causing hardship for them. So, if it caused hardship then Khaleefah should not order? Answer: The sultaan (authority) of the Khaleefah is only in Daar ul- Islam, so the Muslims in the Islamic State are obliged to obey the Khaleefah in all the ahkaam shar’iyyah he adopts. He has to obtain a bai’ah of in’iqaad and a bai’ah of ...

Introduction to an Islamic Constitution for Syria and the Muslim world - Article 10

The following is the translation of an article from the book by  Hizb ut-Tahrir  entitled 'Introduction to the Constitution and the necessary evidences for it' which is the explanation of its draft constitution for the Khilafah state. This draft translation is from the  second edition  published in 2009 which was updated from the original published in 1963.  Numerous brigades in Syria  have agreed to the implementation of this constitution after the removal of the corrupt system that has brutally suppressed the people for decades.  Article 10 All the Muslims should b ear the responsibility of Islam. There are no clergymen in Islam and the State should prohibit any sign of their presence among the Muslims. Although Mujtahids are scholars, however not every scholar is necessarily a Mujtahid since a scholar could either be a Mujtahid or a Muqallid (imitator). If the Muslim were to take the Shari’ah rule in order to act upon, then, it req...

Q&A: Devaluation of Banknotes

Question: Assalamu Alaykum wa Rahmatullahi wa Barakatuhu , My dear brother, May Allah reward you for what you have explained earlier, please allow me, my brother, to ask you these questions: Imagine yourself a laborer or an employee, and you have been deprived from your wages or from your salary for some passed years, so do you see that it is justice that the judgment for you is that you have the wages you were deprived from with the same amount as was before 10 years for example? So for example, if you I took from you 84 grams of gold, I am supposed to return to you 84 grams of gold even after 10 years, and this is the Legislation of Allah سبحانه وتعالى. Sir, 84 grams of gold = 7230 dinars now, but before 10 years 84 grams of gold = 1200 dinars. If I borrowed from you 1200 dinars and returned it after 10 years 1200 dinars, I would have been returned to you one-sixth of its value, which is 14 grams of gold, and this is an undervalue for your money, which Allah سبحانه وتعالى ha...