Q.1. In our hometown in India most schools and colleges are run by non-Muslims. Education is generally good but certain parts of the syllabus are contrary to Islam. Is it permissible for Muslim schoolchildren to enroll in such schools, considering that Muslim schools are practically much lower in their educational standards.
Q.2. Is it permissible to receive donations for a mosque from non-Muslims?
Q.3. Why do we refer to God in the masculine, although He has no gender?
M. Anvardeen, Riyadh
A. A Muslim community should always be fully aware of its needs and try to meet them in the best possible way. Of course, a Muslim community needs good schools so that its children may receive proper instruction in the various areas of education, as well as in Islamic teachings. No successful Muslim community could afford to neglect such a need, because of the serious adverse effects such negligence is bound to have on its future generations. Therefore, if the Muslim schools in your community are of low standard, then the community must consider the ways and means necessary to redress this situation.
When good Muslim schools are available, then it is not permissible to send one’s children to other schools that teach something contrary to the Islamic faith, unless this is necessitated by some unavoidable factors. But when there are no Muslim schools to provide proper education of reasonable standards, then it is permissible to send one’s children to non-Muslim schools, but it is necessary to do two things:
The first is that additional arrangements should be made in order to teach those children some Islamic education to make up for the deficiency in their learning, and to rectify the questions that are taught in a way contrary to the Islamic faith.
The second important matter is that the Muslim community should work hard to end this unhealthy situation and establish Muslim schools of good standard to enable parents to provide their children with the necessary education in an Islamic environment.
A.2. If non-Muslims donate freely for the building of a mosque and we do not know of any questionable motive behind such donation, it is permissible to accept their donation.
A.3. Human language knows only two forms of nouns: masculine and feminine. It does not provide for anything other than these when it speaks of animate objects. Therefore, when we talk about any living being, we have to use either the masculine or the feminine form. Generally speaking, human language attaches, even implicitly, a higher status to the masculine. Hence, all human languages tend to refer to God in the masculine gender. Not only so, but you will find that in languages like Arabic, where masculine and feminine have different forms, God’s name and attribute generally take the masculine form.
Investment, loan and zakah
Q. 1. I have invested my end-of-service allowances in a government scheme which gives an income I use toward covering my family’s living expenses. Is the capital amount liable to zakah? I also have another amount of savings which I have earmarked to cover the marriage expenses of my children, but against it I have taken a loan. The income I receive from this saving pays off the loan installment. I also have invested some money in establishing a small business, but so far, the business is making a loss. Which of these amounts is liable to zakah?
Q. 2. I travel to visit my relatives regularly, who live at a distance of 76 km by road. If I travel by sea, the distance is shorter by 20 km. I am told that I may shorten my prayers when I travel by road, but not by sea. What if I use one method for going out and the other for my return journey?
S.A. Tungekar, India
A. 1. When a person has savings that give him an income, even though it may be only a small amount, he should reflect that he is in a much better situation than others who cannot earn enough to pay for their living. Therefore, he should be very grateful to God for having enabled him to make such savings and pay zakah on what he has. To try to justify non-payment on the basis that if he were to take out the amount of zakah, his savings and, in consequence, his income will be reduced is not a strong argument. The fact is that he owns the invested money and he can do with it what he likes. In the situation of our reader, he meets most of his living expenses from the income he receives on his investment. This means that the amount invested is liable to zakah, every year, at the rate of 2.5 percent.
We look at such an investment in a different light from looking at a business. Had the reader used his money to build a factory or buy a business premises, or a farm, or a house for rent, then these assets would not have been liable to zakah. The income from them would be. But in his case, the certificates he bought are available to turn into cash at any time. Hence, they are treated as liquid money.
Having said that, I may add that some scholars feel that zakah on such investment should be considered differently. They say that the capital invested is not liable to zakah, but the dividends received are zakahable at the rate of 10 percent. Thus, they compare it to the zakah charged on agricultural produce that grows without need of any care or irrigation, relying only on rain water. The reader may take this view if he so prefers, but once the investment changes, and he cashes any part of it, it becomes part of his ready money which is zakahable in the normal way.
The amount saved for his children’s marriages is also liable to zakah, even though it is earmarked for this purpose. He has full access to it and can change its usage at any time. It is part of his own assets. Then liability to zakah cannot be waived. Although he uses the income to repay his debt, the principal is zakahable.
The business which does not generate any income has a different status. The reader has not told me what business it is. If it is a trading business, then his stocks which he owns in full are liable to zakah. He should calculate the value of his stock and pay zakah for it, as long as it is paid for. If his business is one of providing a service, with no trading commodities, then he would have no zakah to pay on that.
What the reader should do is to calculate his assets on his zakah date, and deduct the amount he owes, and pay zakah on the net assets.
A. 2. The relatives our reader visits are at a traveling distance, no matter what means of transport he uses. He may avail himself of the concession of shortening his prayers when he visits them, regardless of how he travels.
Jihad or pilgrimage
Q. Scholars in our area differ as to which is more important: jihad against non-Muslim forces occupying our land and enforcing secular laws, or pilgrimage. Please advise.
I. Khalimbol
A. This question should never be put in this way. Pilgrimage is a duty only on those who are able to undertake the journey. Ability includes being safe and leaving one’s family in safety. In a situation where the Muslim community is not safe because of the oppression of an occupying force, no Muslim may leave his family without protection. Moreover, the safety of the whole community is at issue here. Hence, all resources should be put into the effort to liberate the Muslim community.
Having said that, I may add that such efforts need not necessarily mean fighting. Perhaps the community suffering such oppression needs to make its case known all over the world and pilgrimage provides a means of publicity, either through individual efforts or through a formal delegation undertaking the publicity efforts aiming at mobilizing international support. Thus, those who travel abroad for this purpose, whether to pilgrimage or to other places, share in the jihad of their community. If we put the question for a strict ruling of which of the two modes is preferable, we are liable to have an erroneous answer.
Arab News Islam 6 January 2003
