A company donates a big clock to the masjid

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Ref no: 0264#

Date: Tuesday, June 21, 2011

Category

Musjid

Title

A company donates a big clock to the masjid

Question

Let say that a company donates a big clock to the masjid and it is displayed in a prominent place in the masjid and the clock has the name of company printed in big fonts on it, is this permissable or is it akin to doing business in masjid? The company does not do clock business.

What if the muazzin approaches people frequenting masjid  to sell atthar for him in a manner like multi level marketing? The money does not go to the masjid and it is shared between muezzin and the person who was asked to sell atthar.

Answer

Muhtaram / Muhtaramah

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

 

1. There are two issues:

· To display a clock in the Musjid

· To display a clock with a company name in big fonts in the Musjid

To simply display a clock in the Musjid is permissible. However, to display a clock with a company name in big fonts in the Musjid is discouraged and undesirable especially when such clocks are displayed in the direction of the Qibla, since these prints distract the concentration of those in salaat and denote a meaning of advertising in the Musjid, which is not permissible.(Fatawaa Al-Hindiyya, vol 5, pg 319, Rasheediyya / Jaami’ Al-Fataawa, vol 3, pg 615)

2. In Shari’a, there are two types of employees:

(1)Ajeerul Mushtarak            (2) Ajeerul Khaas

· Ajeerul Mushtarak: A person who hires his services to more than one person. e.g. a doctor, a tailor (they offer there services to the entire community)

· Ajeerul Khaas: A person who hires his services to one person only. e.g. an employee (he offers his services to his employer only). (Al-Bahr al-Raiq, vol 8, pg 26/29 Rasheediyya)

Ruling:

Ajeerul Mushtarak:

  • It is permissible for an Ajeerul Mushtarak to provide his services to as many people as he wishes. He has an unrestricted right in providing his services.(Al-Bahr al-Raiq, vol 8, pg 26)

Ajeerul Khaas:

  • If an Ajeerul Khaas contracted to provide his services for a specific amount of time to a certain company e.g. 7 am up to 5 pm, it will be binding upon him to avail himself within those hours for the service of that company and not provide his services elsewhere within those hours. However, he may provide his services to others out of the working hours, provided it does not affect his services to the contracted company. (Al-Fataawa al-Hindiyya, vol 4, pg 433, Rasheediyya / Kifayat Al-Mufti, vol 7, pg 348, Haqaniyya / Imdaad Al-Fataawa, vol 3, pg 356)

  • If an Ajeerul Khaas contracted to provide his services to a certain company without specifying the hours of work e.g. 7 am up to 5 pm, then it will not be permissible for him to provide his services elsewhere without seeking the permission of the contracted company. (Imdaad Al-Fataawa, vol 3, pg 356)

  • If the contracted company conditioned that he will not be allowed to provide his services elsewhere, then in this case it will binding upon him to abide to the contract and not provide his services elsewhere. (Kifaayat Al-Mufti, vol 7, pg 348, Haqaniyya)

A Muazzin is an Ajeerul Khaas.

It is permissible for the Muazzin to request people to sell itr on his behalf, as long as this does not affect his responsibilities and duties as a Muazzin. The Muazzin should not approach the musallis to be his agent while they come to the Musjid.

3. The income derived from the sales of the itr, rightfully belongs to the Muazzin and the person he appointed to sell the itr. The income does not have to go to the Musjid.

الأجير المشترك من يعمل لغير واحد كالخياط والصباغ(البحر 826)

وسمي الأجير خاصا وحده ؛ لأنه يختص بالواحد وليس له أن يعمل لغيره(البحر 829)

وليس للظئر ان تاخذ صبيا اخر فترضعه مع الاول فان اخذت صبيا اخر فارضعته مع الاول فقد اساءت و اثمت ان كانت قد اضرت بالصبي (الهندية 4433)

And Allah knows best
Darul Iftaa

Madrasah Inaa’miyyah

 

 

· The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.

· The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.

· This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.