Question:
Assalamualaikum w.b.t,
A non-Muslim friend of mine opens an internet gambling café, and that friend intends to give some of his profit to me each month for welfare activities and public facility only. Is it permissible for me to utilize this money?
Answer:
Waalaikumussalam wbt,
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his family, companions and all those that follow his teachings to the day of judgement.
The Ruling of Managing Non-Halal Property
Islam prohibits its ummah to cooperate in sinful acts and the wrongdoings. This includes dealing with wealth gained from haram means. However, at the same time, wealth gain by impermissible means should not be burnt or thrown to the sea because one cannot use it. A fact that we should know is, originally, any stuff that can be said as a property is for the usage of humans to become pious and God-fearing slaves.
In the following articles, we have explained on several issues related to the rulings of managing the non-halal property. Among them:
- Al-Kafi #1558: The Ruling of Inheriting Non-Halal Property
- Al-Kafi #1480: The Ruling of Receiving Sadaqa from Riba (Usury)
- Al-Kafi #1001: Using Non-Halal Money to Repair Surau
- Irsyad al-Fatwa Series 452: The Ruling of Managing Non-Shari’a Compliant Profits for Welfare Activities
The conclusion from the above articles is property gained from haram means should be returned to its owner if it is taken without consent of the owner, like through robbery, riba (usury) and stealing.
While the non-halal property of which the owner cannot be traced, or gained by non-Shari’a means, but with the consent from its owner, like payment for prostitution, selling and buying pig and dog, and profits from selling liquor. So, it is wajib for these properties to be donated for the public benefit of the Muslims, or donated to the needy. The scholars also put a requisite for the property to be given to an adil (fair) judge to be spent on public welfare. If there is no adil judge, then it can be given to an adil person to be managed.
Conclusion
Based on the above fact and explanation, we are inclined that the opinion can be given to State Religious Councils, through respective Zakat body, as they act as the authority who are obliged to manage property gained by non-halal means for public welfare.
It should be emphasized here that the above sadaqa is not the same as sadaqa given from haram means by the following factors:
- Because sadaqa by using haram property is only a way to free oneself from possessing haram property after repenting.
- It is haram for a mediator to take any wage from the haram property, and it is haram to show any promotion on the gambling activity.
- The sadaqa will not justify gambling.
- The permissibility to give sadaqa is only to make sure something beneficial and will not be a waste like being burnt or thrown in the sea. This is because, originally, the property can be used towards halal ends, but some people transgress with Allah SWT’s property that He has given and waste it by gambling.
- If the property cannot be donated, then it will go around the haram circle only and it will be a waste for Muslims.
- It is best for the questioner to advise his non-Muslim friend that gambling has negative effects in society and should be stopped.
Wallahua’lam.
May this explanation benefit the questioner. We pray that Allah SWT gives us provisions which are halal and good and make us from among His servants who are the God-fearing.