Drafting A Letter For Someone To Acquire An Impermissible Tender

Before dealing with any individual or company and before providing any service to them, a Muslim should know the limits and regulations that Shariah has stipulated, together with the details and explanations given by the Fuqaha (Jurists) in the matter. In fact, in the Hanafi Mazhab, there are extensive discussions about the matters/actions relating to assisting in sin, to the extent that the Jurists have classified these actions into different levels and categories. Mufti Shafee Saheb (Rahmatullahi ‘Alayhi), the late Grand Mufti of Pakistan wrote some principles with regards to assisting in sin and summarized the subject in his book Jawahirul Fiqh and also his booklet named “Tafseelul-Kalaam fi-mas’alatil i’aanati ‘alal Haram.” We have outlined this discussion in brief below:

1- الإعانة على المعصية) ما قامت المعصية بعينه)

Wilful and direct assistance towards commission of the actual sin. Such assistance is prohibited based on the following verses from the Qurân:

وتَعَاوَنُواْ عَلَى الْبرِّ وَالتَّقْوَى وَلاَ تَعَاوَنُواْ عَلَى الإِثْمِ وَالْعُدْوَانِ (المائدة: 2)

Translation: And assist one another in righteousness and piety, but do not assist one another in sin and transgression
(Al-Mâidah: verse 2)

قَالَ رَبِّ بِمَآ أَنۡعَمۡتَ عَلَيَّ فَلَنۡ أَكُونَ ظَهِيرٗا لِّلۡمُجۡرِمِينَ

Translation: He (Mûsā ‘alayhi salâm) said, “O my Lord! As You have favoured me, I will never be a supporter of the sinners”.
(Al-Qasas: verse 17)

Here are some examples of situations that fall under the ambit of the above category: For example, to sell grapes with the clear and deliberate intention that it must be used by the purchaser to manufacture wine; or to sell an item to someone that can only be used for something prohibited in Islam (example: selling musical instruments, drugs etc.). Therefore, to carry out such transactions will be Haraam as one is willfully and intentionally assisting the purchaser in committing a sin.

2 – التسبب إلى المعصية

Such actions wherein a person does not willfully and intentionally assist in the commission of a sin; however his actions become a means for a sin being committed. This can be classified in different categories and its rulings will also differ accordingly:

سبب قريب محرك للمعصية

An action in which the means are closely connected to a sin in such a way that they become a catalyst for the sin to occur. In other words, the means are so closely connected to the sin that without these means, the sin would not come into existence (even though one did not make an intention for such a sin to take place). For example, a person insults another person’s parents, resulting in that person insulting the first person’s parents or to insult a Mushrik’s deities in a manner that results in the Mushrik in return insulting Allah Subhaanahu Wata’aala (Na-oozhu-billah/may Allah forbid!). Such insults will be forbidden as it results in the opposite party retaliating with a counter-insult (even though when insulting that person, one did not willfully intend and desire that the person retaliates with a counter-insult).

سبب قريب غير محرك للمعصية بل موصل إلى المعصية  

Those actions wherein the means are so closely connected to the sin that it eventually leads to the sin being committed (even though the means are not a catalyst that immediately triggers the sin). So in this case, although the means can eventually lead to the sin being committed, the person responsible for the means did not intend for the sin to be committed by the doer. In other words, the sin can only come into existence with the intention and action of the actual doer. For example, if a person sells grapes to someone; not being aware that the buyer is going to use it to produce wine (and the seller only later found out that he used the grapes to make wine), the ruling will depend on the intention of the seller. Only if his intention when selling the grapes was to facilitate the production of the wine, will he be sinful and such a sale transaction be prohibited.

سبب بعيد للمعصية

Becoming a distant means towards the commission of a sin. For example, to sell bricks or wooden planks to a person who wants to use the building material to build a church. In this instance, if the seller himself did not make the intention to sell these things specifically for this purpose (even though he was aware that the buyer will use it in this avenue), then it will not be Haraam to sell to him, but it will be Makrooh-e-Tanzeehi (undesirable). On the other hand, if he was not aware that the buyer will use the material for this purpose, then it will be absolutely permissible to sell to him (without it being Makrooh). Thereafter if the buyer utilizes these items in the impermissible avenue, it has nothing to do with the seller, meaning that the seller will not be sinful in any way.

After understanding the above principles, we now come to your specific query:

1) Since the requested task consists of drafting a solvency letter which only gives information about the financial stability of the client (the IT consulting company), you will not be regarded as a direct assistant nor a close means for the transgression to occur (the transgression being that of your client providing IT Services for a Haraam entity such as the beer company). Being Deeni-conscious, you do not have an intention or desire for such a relationship to be created between your client and the beer company and neither are you getting directly involved with the beer company. But because you have knowledge about the potential occurrence of the sin and the possible negative consequences from the contract between the two parties (that of abetting and assisting in the operations of a beer company), it will nonetheless be Makrooh-e-Tanzeehi (undesirable) in this case, to draft a letter for your client. For this reason, we would advise you to decline drafting out the solvency letter.

2) In the case that the client wins the tender, based on the mentioned principles, it would be advisable for you to terminate providing accounting/audit services to this client in the future. In fact, Deeni precaution would strongly dictate that whenever you have second thoughts of this nature (where your Deeni consciousness creates doubts about providing similar services to people), you should avoid getting involved, especially when  termination thereof could be done without difficulty.  

– Allah Subhaanahu Wata’aala says in the Quran:

وَمَن ‌يَتَّقِ ‌ٱللَّهَ ‌يَجۡعَل ‌لَّهُۥ ‌مَخۡرَجٗا ٢ وَيَرۡزُقۡهُ مِنۡ حَيۡثُ لَا يَحۡتَسِبُۚ وَمَن يَتَوَكَّلۡ عَلَى ٱللَّهِ فَهُوَ حَسۡبُهُۥٓۚ إِنَّ ٱللَّهَ بَٰلِغُ أَمۡرِهِۦۚ قَدۡ جَعَلَ ٱللَّهُ لِكُلِّ شَيۡءٖ قَدۡرٗا ٣

Translation: And whoever fears Allah – He will make for him a way out and provide for them from sources they could never imagine. And whoever puts their trust in Allah, then He alone is sufficient for them. Certainly, Allah achieves His Will. Allah has already set a destiny for everything. (Sûrah Talaq; verse 2-3)