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The Kitaab ‘Jadeed Fiqhi Mabaahith’

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

1.  What is the exact text in the Kitaab ‘Jadeed Fiqhi Mabaahith’ regarding the permissibility of taking lottery money for the construction of a Muslim school and also the permissibility of using the lottery money to pay off the debts of the Muslim school?

2.  Who is the author of the Kitaab ‘Jadeed Fiqhi Mabaahith’?


Answer:

 

The text in the Kitaab ‘Jadeed Fiqhi Mabaahith’ is regarding the permissibility of using interest money for public welfare.  There is no difference between interest and money won in a lottery as a person purchases a ticket for a small price and wins a large sum in exchange, therefore the ruling of lottery money is that of interest.

The Jurists have unanimously agreed that interest money should be donated to the poor as it cannot be returned to the actual owner.  With regards to using this money for the welfare of the Muslim public, there is a difference of opinion amongst the Ulamaa.  Moulana Ashraf ‘Ali Thanwi (R.A.A.), Moulana ‘Azizur Rahman, Mufti Muhammad Shafi’ (R.A.A.) and the present day Ulamaa of Deoband are of the opinion that interest money can only be given as Sadaqah to those entitled to receive Zakaat and this Sadaqah can only be performed through Tamleek (to make the payee the owner of the money).  So this amount cannot be given to any welfare scheme where it will be spent on office expenses, construction of buildings or for purchasing objects for public use without first giving it in the ownership of a deserving person.  The interest money should therefore be given to a poor person who is entitled to receive Zakaat.

Mufti Kifaayatullah, Mufti Abdur Raheem Lachpori, Mufti Sa’eed Ahmad, Sheikhul Islam Hussain Ahmad Madani are of the opinion that interest money can be donated to a welfare scheme just as it is permissible to be given to the poor.  This is also the opinion of Dr. Yusuf Qardhawi and Sheikh Abdullah bin Baaz (R.A.A.).  This opinion is substantiated by the phrase of the Jurists that the wealth which Muslims acquire from Darul Harb without having to fight should be spent for the well-being of the Muslims.

Secondly, it is incorrect to prove that this money can only be given to those who are entitled to receive Zakaat from the word ‘Tasaddaq’, which is used by the Jurists and that Sadaqah can only be performed through Tamleek as Sadaqah is of two types:  Sadaqah Waajibah (indispensable) and Sadaqah Naafilah (voluntary).  Therefore to confine this Sadaqah to Sadaqah Waajibah and to regard its Masaarif to be only those poor people who are entitled to receive Zakaat will be incorrect.  The purpose of giving interest money in Sadaqah is so that the actual owner (payer of interest) receives the reward of that money as the money itself cannot be returned to him, whether this money is donated to the poor or given to a welfare scheme (e.g. Muslim school).  In both instances the actual owner will receive the reward.  From the Hadith of Nabi (S.A.W.) we understand that money given for public benefit is Sadaqah Jaariyah.  The author concludes that by writing that it will be Waajib on the bearer of Haraam money to give the money in Sadaqah but it will not necessarily mean that it can only be given to those who are entitled to receive Zakaah.  From the above text we understand that lottery money can be used for construction purposes as well as paying off of the debts of the Muslim School. 

Note:  We have given preference to the opinion of the second group of Ulamaa. 

The author of Jadeed Fiqhi Mabaahith is Moulana Mujahidul Islam Qasmi (R.A.A.) who was the head of the Islamic Fiqh Academy in India and also the Qadhi of the Muslim Court.

And Allah Ta’ala knows best

Ebrahim bin Zainul Abedeen Backus

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

06 May 2004

15 Rabee’ul Awwal 1425

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