A person obtained a license to conduct business but did not conduct the business himself and rented the license to another man for a sum of money each month, so is this...
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The questioner : May Allah reward you. He says:The questioner : A person obtained a license to conduct business but did not conduct this work himself and rented the license to another man for a sum of money each month. Is this work permissible or not?
The Shaykh : This depends on the government system. If a person is allowed to transfer his license to another person, then there is no blame on him for transferring this license for compensation.
However, if it is not allowed according to the system, then it is not permissible to transfer it, whether for compensation or without compensation, except after consulting the government departments.
The questioner : May Allah reward you with good. The questioner says...
The Shaykh : On this occasion, I offer advice to some people who are lax regarding the state system and believe that the system does not need to be followed unless it is commanded by the Shari'ah. The truth is that this is a wrong understanding. The government system is divided into three categories:
A category that the Shari'ah has specifically commanded, a category that it has forbidden, and a category about which it has been silent.
As for the category that the Shari'ah has specifically commanded, it is obligatory for us to implement it in obedience to Allah and obedience to the rulers. For example, if the ruler orders the establishment of congregation in the five prayers, for instance, and punishes those who miss it, then obedience to him is obligatory, and one must pray with the congregation in compliance with the command of Allah first, and then the command of the ruler second.
As for the second category, where the ruler commands what contradicts the Shari'ah, obedience to him is not permissible, because obedience to the ruler is only obligatory in what does not contradict the Shari'ah. If the ruler commands what contradicts the Shari'ah, such as what we have heard that in some countries they force a man to shave his beard by force, then obedience to them is not permissible. Why? Because shaving the beard is a disobedience to the Messenger of Allah (peace and blessings be upon him), who commanded to let the beards grow and said: There is no obedience to a created being in disobedience to the Creator.
The third category is what has no specific command or prohibition regarding it. In this case, obedience to the rulers is obligatory. Because if we said that obedience to the rulers is not obligatory except in what the Shari'ah has commanded, this statement would have no benefit, because what the Shari'ah has commanded is obligatory to obey whether the rulers command it or not. Accordingly, if the government establishes a system that does not contradict the Shari'ah, then it is obligatory for us to implement this system.
We have heard of some people who deceive the government in many ways. They lend their name to someone who does not deserve it, or borrow a name to become eligible, or conduct a fictitious contract to become eligible for a specific thing. For example, if the government does not give aid for something until a person owns it fully, you will find some people deceiving by saying to another person, "Come, let us conduct a fictitious contract between us that you sold me the land for such and such, so that I can submit it to the government to become eligible for the aid." And they are lying in this contract. This is forbidden and not permissible because it is lying and deceiving the rulers. It is obligatory for the Muslim to fear Allah the Mighty and Majestic and to avoid lying. There is no good in lying, and what one earns through lying is evil earnings. So a person should fear Allah the Mighty and Majestic and be frank, truthful, and clear. The provision of Allah the Exalted is never attained by disobeying Him, and the provision that a person attains through disobedience has no good or blessing in it. Yes.
The Shaykh : This depends on the government system. If a person is allowed to transfer his license to another person, then there is no blame on him for transferring this license for compensation.
However, if it is not allowed according to the system, then it is not permissible to transfer it, whether for compensation or without compensation, except after consulting the government departments.
The questioner : May Allah reward you with good. The questioner says...
The Shaykh : On this occasion, I offer advice to some people who are lax regarding the state system and believe that the system does not need to be followed unless it is commanded by the Shari'ah. The truth is that this is a wrong understanding. The government system is divided into three categories:
A category that the Shari'ah has specifically commanded, a category that it has forbidden, and a category about which it has been silent.
As for the category that the Shari'ah has specifically commanded, it is obligatory for us to implement it in obedience to Allah and obedience to the rulers. For example, if the ruler orders the establishment of congregation in the five prayers, for instance, and punishes those who miss it, then obedience to him is obligatory, and one must pray with the congregation in compliance with the command of Allah first, and then the command of the ruler second.
As for the second category, where the ruler commands what contradicts the Shari'ah, obedience to him is not permissible, because obedience to the ruler is only obligatory in what does not contradict the Shari'ah. If the ruler commands what contradicts the Shari'ah, such as what we have heard that in some countries they force a man to shave his beard by force, then obedience to them is not permissible. Why? Because shaving the beard is a disobedience to the Messenger of Allah (peace and blessings be upon him), who commanded to let the beards grow and said:
Differ from the Zoroastrians or differ from the polytheists, let the beards grow and trim the mustaches.
خالفوا المجوس أو خالفوا المشركين، وفروا اللحى وحفوا الشواربThe third category is what has no specific command or prohibition regarding it. In this case, obedience to the rulers is obligatory. Because if we said that obedience to the rulers is not obligatory except in what the Shari'ah has commanded, this statement would have no benefit, because what the Shari'ah has commanded is obligatory to obey whether the rulers command it or not. Accordingly, if the government establishes a system that does not contradict the Shari'ah, then it is obligatory for us to implement this system.
We have heard of some people who deceive the government in many ways. They lend their name to someone who does not deserve it, or borrow a name to become eligible, or conduct a fictitious contract to become eligible for a specific thing. For example, if the government does not give aid for something until a person owns it fully, you will find some people deceiving by saying to another person, "Come, let us conduct a fictitious contract between us that you sold me the land for such and such, so that I can submit it to the government to become eligible for the aid." And they are lying in this contract. This is forbidden and not permissible because it is lying and deceiving the rulers. It is obligatory for the Muslim to fear Allah the Mighty and Majestic and to avoid lying. There is no good in lying, and what one earns through lying is evil earnings. So a person should fear Allah the Mighty and Majestic and be frank, truthful, and clear. The provision of Allah the Exalted is never attained by disobeying Him, and the provision that a person attains through disobedience has no good or blessing in it. Yes.