Question
Moulana Hakim Dr Latib is selling land at this estate for believers who wish to move away from Fitnah as advertised. Now upon asking all questions pertaining to land ownership, he is setting down rules for those who own their portion of land for example limiting how livestock one is allowed to keep. I have also attached the rules as prepared by Moulana. Is such a deal acceptable because if I own my portion of the land then why must I follow these strict rules?
Answer
The Jibalus Salam Project is not permissible. The agreement is cluttered with a host of conditions which are faasid (corrupt). These conditions render the entire project haraam. It is not permissible to purchase plots of land for participating in this project.
The Jibalus Salam project is similar to all the other kuffaar schemes in which ownership by sectional title is encumbered with a host of such conditions which are incongruous and baseless in terms of the Shariah.
The Deeni stipulations in the agreement do not validate the contract. Muslims who wish "to move away from fitnah" should rather acquire small holdings where they may live freely and independently and not under concentration camp restrictions which interfere and deny one‟s liberty and ruins one‟s peace of minds.
The numerous incongruous restrictions emulated from the kuffaar are in total negation of the freedom which is a vital attribute of ownership.
Any sale encumbered with conditions which restrict the free operation of ownership or which are favourable to one party is faasid and haraam.
It appears that the directors of the scheme will act as if they are the owners while the owners of the plots of lands will be their prisoners.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 07
- PDF page
- 10
Verbatim verified against the source PDF
Appears under WAQF FOR CHILDREN. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.