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RULES OF
PERMISSION (IZN)
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.
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