URDU: حرام اورمسئلہ تملیک و تصدق: شرعی و تحقیقی جائزہ
A Shariah and Research Analysis of Maal-e-Haraam, its Donation and the problem of Tamleek
Majority of sharia scholars are of the opinion that in voluntary charity (sadaqa naafila) transfer of ownership and possession of the needy and poor on the charity is not stipulated, while in obligatory charity (sadaqa waajiba) like zakat, fidya of prayer and fasting it is considered that (tamleek ul faqeer) transfer of ownership and possession of the needy is compulsory and it could not be spent in social welfare activities. Keeping in view the condition of “Tamleek ul faqeer”, anything which comes in the ownership of a person from invalid sources (maal e haraam) also falls in this category, as it is also obligatory to be given in charity. However the question arises whether the condition of transfer of ownership and possession of the needy should be applied in maal-e-haraam like Sadaqaat-e-wajiba or it is allowed to spend the amount in social welfare activities without possession.
In this paper, after presenting the view points of classical scholars regarding different types of maal, maal-e-haram and where this kind of wealth shall be spent, the issue of possession is also examined in obligatory charity and maal-e-haraam. It is suggested that categories of obligatory charity be differentiated in terms of possession, as the nature and sources of each kind is different and the condition of ownership and possession may not be applied on the charity of invalid income and this kind of wealth may be allowed to be given in social welfare activities without tamleek ul faqeer.