The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No. 2431- One can refer to the person whose signature is on the promissory note. That is, if the promissory note giver does not repay his debts in due time, the creditor has the right to demand his dues from those whose signature appears on the promissory note. In fact, those who have signed the promissory note are the guarantors of the debtor. That is, if the debtor fails to repay his debt, the guarantors are under the obligation to pay it. (This sort of surety is technically termed as “addition of an obligation to another”, and as it was said in the rules regarding surety (Zamanat), it is in order.)

Issue No. 2432- It is permissible to have foreign currency exchange transactions, i.e. one can exchange English pounds for American dollars, or French franc for German mark, etc., and there is no harm if it is less or more. However, if a person lends some money to another person whether it is in dollars or other currencies, he can ask him for the repayment of the same, and if he asks for more than that amount, it will be usury and haraam. And if someone lends a person some foreign currency, for example, some 100.00 German marks, and if he is forced to receive the money, for example, in Canadian dollars, then it should be calculated at the common and usual rate of the market. However, if the creditor himself consents to receiving less than that, there would be no problem.

Issue No. 2433- Key money is the right of priority that a tenant gets on the property against the money that he pays to the landlord at the beginning. As per this transaction, the tenant who has paid key money in renting that property has the priority over others. Key money did not exist in the past but nowadays it is a common practice and it is in order under the following circumstances: The amount of key money should be known and the parties involved should perform the transaction on their own volition and accord. They should be adult, sane and mature, and they should know the meaning of key money and its necessities.

Issue No. 2434- The landlord can lease his property to a person and in addition to the rent, he can take key money from him. In this case, he cannot lease the rented property to someone else, even though the period of the lease may have expired. However, if the first tenant who has paid key money agrees, the landlord can lease it to someone else. However, the first tenant has the right to transfer the key money of that property to someone else, and he may charge from the person to whom he hands it over, key money equal to or more or less than that which he has paid himself.

Issue No. 2435- If the period of the lease of a property on which key money has been paid expires, the landlord is bound to lease it out to the same tenant or to anyone that the first tenant agrees, and the rent should be fixed fairly as per the view of a trustworthy expert.

Issue No. 2438- When it is agreed upon between government or an insurance company on the one hand and a policy holder on the other that the policy holder will pay a specific amount every month or every year and, in case he sustains loss, government or the Insurance company shall compensate him for it, such a transaction is called 'insurance'. And this is an independent transaction and contract which is valid, if specific conditions, that will be explained later, are fulfilled. It does not make any difference whether it is a life insurance of an insurance which includes commercial goods or buildings, cars, ships, aeroplanes, or employees and labourers and the likes.

Issue No. 2439- The parties to the insurance contract should be adult and sane, and the insurance contract should be made volitionally and with their free will, and none of them should be feeble-minded. In addition, they should specify all the particulars and details of the insurance contract including the following:1- The thing insured viz. vehicle or building or person.2- The parties to the insurance contract should be known.3- Instalments payable by the policy holder.4- The period of insurance including the date and year should be fixed.5- It should be stated for what kind of loss the Insurance company will be under obligation to compensate e.g. fire, bombing, sinking, theft, death or disease etc.6- The value of the insured object should be determined, for example, a particular house is insured for the amount of £20000.00 or more or less. However, the fair value of the day and all the general principles that are common and current should be taken into consideration and be observed.

Issue No. 2440- The formula for the agreement of insurance can be pronounced in any language, or the agreement can be written down and signed.

Issue No. 2441- It is permissible to transfer a husband’s sperm into the womb of his wife by means of injection or any other such means. However, preliminaries of this act should be halal and there should be involved no haraam means of procreation.

Issue No. 2443- It is not permissible to inject the semen of a stranger into the womb of a woman, and it makes no difference whether this is done with the permission of her husband or not, or whether she has a husband or not. If it is done so, and a baby is born and if this act has been done by mistake, like he thought that the woman was his own wife, and the woman also thought that it was her husband’s sperm, and it transpires later that it has not been so. In such a case, the baby belongs to that couple and all the rules of ones child applies to it. However, if this is done with full knowledge and on purpose, the baby born from it will not be reckoned as their child and the rules of inheritance do not apply to it. However, if that baby is a girl, the owner of that sperm cannot marry her, and if it is a boy, he cannot marry that mother, and the position is the same about other issues of marriage.

Issue No. 2444- It is permissible to transplant a heart or a kidney or any other parts of a body, whether it is removed from the body of an alive or a dead person, or from a Muslim or non-Muslim. However, if amputating a limb from a dead Muslim for transplanting it to another body is the only way of keeping a Muslim alive, then it is permissible. The position is the same if protecting a major limb of the body, e.g. an eye, depends upon amputating and grafting the limb. In any case, the precaution is that the person who amputates the limb of a dead Muslim should pay compensation for it in accordance with the rules explained in the detailed books of Jurisprudence.

Issue No. 2445- If a person gives permission in his/her life time that the limbs of his/her body be removed after his/her death and be given to others, or his/her guardians give permission after his/her death for the same, the ruling of Diya (compensation) and other related rules remain the same and are not changed, and the precaution is that compensation should be paid under any circumstances.