QUESTION:
What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: Zayd is a travel agent – how is it for him to earn a wage from the ticket and hotel bookings arranged for non-Muslims, for instance Sikhs, to travel to Nankānah Sāhib, Pakistān, as this is their place of worship, and is the money earned from this lawful or unlawful?
Questioner: Unknown from UK
ANSWER:
بسم الله الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایة الحق والصواب
It is permissible for a travel agent to earn a wage/livelihood from booking tickets or hotels for Sikhs, and the money itself earned from such means is also lawful. The reason being that this is merely payment in exchange for taking them to their desired destination and offering them one’s own services. However, to actually make the packages for groups to visit non-Muslim places of worship and arranging for people to go there by advertising it is definitely not permissible & is unlawful; this is inviting towards people towards polytheism and sin – one needs to avoid this.
However, if this is not the case, for instance, if a non-Muslim approached a Muslim and asked for any/some of the aforementioned services. Thereby, if the Muslim offered the services of his travel agency for a fee, then there is no problem in this, because booking a ticket in order to arrange the transport for a non-Muslim so that they may reach their desired destination as well as offering any related services in return for a fee are all permissible in essence. This is all based on the condition that there is nothing else that takes place which contravenes Islām, as well as the fact that any sin or polytheism is only and only the result of the actions of the customer themselves: their sin will not have any effect on the Muslims’s earnings at all whatsoever in the slightest.
What else happens in a church/chapel or cathedral other than that what is contrary to the actions & beliefs of Islām. Nevertheless, even then, for a Muslim, building a church is similar to building a house; constructing any house is in and of itself permissible and the earnings from it are also lawful.
It is mentioned in Fatāwā Qādī Khān,
“وَلَوْ آجَرَ نَفْسَهُ لِيَعْمَلَ فِي الْكَنِيسَةِ وَيُعَمِّرَهَا لَا بَأْسَ بِهِ لِأَنَّهُ لَا مَعْصِيَةَ فِي عَيْنِ الْعَمَلِ”
“If a labourer works in a church or even constructs it, then there is no problem in this, because in essence, there is no sin in this act.”
[Fatāwā Qādī Khān, vol 4, pg 794]
This is due to the wage of such Muslim worker being in exchange for the actual labour itself, and constructing a property is permissible, and the wage from it is also permissible. Likewise, booking a ticket or hotel on behalf of someone so that they may reach their desired destination is permissible, and any sin or polytheism is the sole action of the non-Muslim only.
Similarly, there is another example mentioned in the books of Fiqh – It is permissible for a Muslim to rent out a house to a Magian, Christian or Jew, even if (the Magian) sets up a fire temple in it, or if (the Christian) sets up a church in it, or if alcohol is sold in it, etc. The rent obtained is in lieu of the use of the house; this is absolutely permissible and would not be considered as cooperation in committing a sin. Just as it is mentioned in al-Hidāyah,
“(وَمَنْ أَجَّرَ بَيْتًا لِيُتَّخَذَ فِيهِ بَيْتُ نَارٍ أَوْ كَنِيسَةٌ أَوْ بِيعَةٌ أَوْ يُبَاعُ فِيهِ الْخَمْرُ بِالسَّوَادِ فَلَا بَأْسَ بِهِ) وَهَذَا عِنْدَ أَبِي حَنِيفَةَ لأَنَّ الْإِجَارَةَ تَرِدُ عَلَى مَنْفَعَةِ الْبَيْتِ، وَلِهَذَا تَجِبُ الْأُجْرَةُ بِمُجَرَّدِ التَّسْلِيمِ، وَلَا مَعْصِيَةَ فِيهِ، وَإِنَّمَا الْمَعْصِيَةُ بِفِعْلِ الْمُسْتَأْجِرِ، وَهُوَ مُخْتَارٌ”
“There is no problem in renting out a house for a fire temple, church or liquor shop to be set up in it, as the rent obtained is in lieu of the use of the house. Thus, the payment of rent is obligated once the house is handed over (to the tenant), and there is no sin in this; the sin is the action of the tenant only which he himself is responsible for.”
[al-Hidāyah, vol 4, pg 470]
A’lāhadrat was asked a question regarding medically treating a female prostitute [fornicator/adulteress], as in how is it to do this and to take a wage for it. He thereby replied by stating that if she has an illness but it is not harmful (to her body), and it (i.e. the illness) only prevents fornication/adultery (i.e. the illness hinders fornication/adultery), due to which there being no (physical) benefit for such a woman who performs unlawful intercourse if she receives such treatment. Rather, it would actually open the doors to fornication/adultery, for example, the medical problem of the private parts closing up [as this does not cause harm to the body, but leaves one incapable of intercourse in the case of adultery & fornication], or her private parts becoming widely open to a greater extent than normal, as these are not harmful per se (but does of course cause an issue i.e. obstruction in being able to perform intercourse]. As a result of this, these issues & problems will cause her to become frigid, hence resulting in receiving less work in prostitution. Nevertheless, when a doctor comes to know of such aforementioned matters, even though this is regarded as helping [her in sin] according to the stance of the Sāhibayn, however, even this (treating the medical needs of a prostitute) is not regarded as prohibited according to the School of Thought of Imām A’zham [Abū Hanīfah], may Allāh be pleased with him, as he [i.e. the doctor] is only medically treating her with a clean & pure intention. Her sinning is down to her own actions – it is her own action, not the doctor’s – just as in the case of a government making a church/chapel/cathedral or a Hindu temple, etc or renting out a property to a prostitute[1].
[Fatāwā Ridawiyyah, vol 24, pg 179]
[1] As he/she would bring clients into said property, nevertheless, it is still allowed to rent out a property/apartment to them.
والله تعالی أعلم ورسوله أعلم
صلی الله علیه وآله وسلم کتبه أبو الحسن محمد قاسم ضیاء القادري
Answered by Mufti Qasim Zia al-Qādiri
Translated by Haider Ali al-Madanī
Read the original Urdu answer here: [Q-ID0876] Is it permissible to arrange tour services of non-Muslim places of worship? Or rent my shop to someone who sells alcohol?
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