Notes of Lectures on Fiqhby Maulana Sadiq Hasan Lecture # 4& 5 (Friday 16 March 2001)

Islam is extremely cautious about social rights of individuals and the use of properties belonging to others. In Islam one can not use anything belonging to the other without the permission of the owner. This applies even between husband and wife, parents and children, and between any two Muslims.

The wali (guardian) of a na-baligh child has the power to use the property of na-baligh child without his permission. In sharia, the wali of a na-baligh child is only father or grandfather (not mother). For example, a mother can not give a gift belonging to her na-baligh son or daughter to another son or daughter or anyone else without wali’s permission.

According to Surah Noor in Quran, there are certain relatives (father, mother, brother, sister, maternal and paternal uncle, maternal and paternal aunt), in whose house you can eat food without their permission. Apart from this, no one is allowed to eat food without owner’s permission. There are differences in fatwas regarding husband and wife eating each other’s food without permission.

What is meaning of Permission (Izn) ?

In fiqh, permission depends upon two things: Yaqeen (100% sure) and Itminan (96-99% satisfaction). If you have yaqeen or itminan that the person will be agreeable if you use his/her property, then according to fiqh, PERMISSION is automatically assumed, even if you may not know that person, and you do not need an explicit permission. For example wife can use husband’s things if she has yaqeen or itminan of his permission, and vice versa. Similarly, a wife can go out of his house without husband’s explicit permission if she has yaqeen or itminan of his permission.

If you give some item belonging to a person to a third person, then you must have yaqeen; only itminan is not enough.

There are certain things, in which verbal or written permission must be obtained. Examples are Nikah, Talaq, paying Khums on someone’s behalf (because Niyyat is wajib for khums), making some one wali (guardian) of his property.

Notes of Lectures on Fiqhby Maulana Sadiq Hasan Lecture # 5 (Friday 16 March 2001)

When a property has many owners (such as Partnership of a Business), then one owner can not use the property without the permission of all other owners. In case one owner is not giving permission or in case of any other dispute on the common property, the matter can be settled by referring to a Mujtahid. The Mujtahid has the authority to sell the property to settle the dispute if required. (Note: The term property means any item or thing of value)

When a Muslim dies, the ownership of his property immediately changes to ownership of all his heirs. One heir cannot use the property without the permission of all other owners.

There are two cases where permission is not required
(a) Wali (guardian) of a na-baligh child does not need permission to use the property of his na-baligh child
(b) Mujtahid does not need permission of the owner of the property to settle a dispute

Rules for use of contents of a Mosque, Imambargah, Islamic Centre or any Waqf property:

(a) The use of an item belonging to these religious centres by any person will depend upon the initial purpose and intention of putting that item in that centre. For example if the Quran was kept to be used within the Centre, then no one (including managing committee) is allowed to take it outside the Centre. Similarly if turbat (sajdagah) was kept to be used in the Centre, no one has the authority to sell it to anyone. If books and videos were kept for borrowing, then one can borrow them.

(b) If someone donates some items (such as Quran, turbat, sheets, VCR etc) to a Centre, and says that it can be used within the Centre or outside by any Muslim, then it is allowed to take it out for that purpose. But if he has not specified the purpose at the time of donating, then it is assumed that it be used within the Centre unless there is some indication about his intention through other sharia ways as described in Lecture 4. After donating that item to the Centre, the donor also does not have the permission to take it back or take it outside the Centre. If someone donates an item, it is better that he gives permission that the managing committee can use it for other valid purposes.

(c) If there are surplus items or funds (not needed) at a Centre, and if it seems they will not be needed in the future, then they should be donated to a similar other Centre.

(d) Any momin donating Tabarruk or food to the Centre is responsible to take it back if it is left over after distribution. If he has left it at the Centre without any instructions, then the managing committee can distribute it in whatever way it deems appropriate. Same applies to food bought by the funds of the Centre.