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OpEd: Breaking Leases Into Pieces

Ali ibn Talib raḍyAllāhu 'anhu (may Allāh be pleased with him)once said, “Know the truth and you’ll know who’s speaking the truth.” 

I am based in Canada and was recently having coffee with friends. In the course of the conversation, a friend (who I consider knowledgeable) said that it’s okay to pay interest on a leased car because interest doesn’t apply to lease contracts. This completely caught me off guard, because it made no logical sense that interest would become halal based solely on the nature of the contract.

I asked him how this can be true and his response was that the lease contract is signed with the dealer and the interest transaction is between the dealer and the financing company so it has nothing to do with the buyer. Again, this baffled me because I regularly lease cars and this is an incorrect statement: The lease agreement is signed with a third party financing company who is charging you directly for the interest they pay the car dealership. Therefore, any lease contract that has interest associated with it is haram. This is the same as saying your landlord can charge you interest for his mortgage on a rental contract and this would make it halal. I tried to argue this case and explain to my friend that what he was saying was found on false assumptions and one should seriously look into this matter before treating riba in such a light manner.

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Upon going home that night, I pulled out all my lease contracts (negotiated to 0% mind you) and sent them over to my friend. They clearly showed that a bill of sale is signed with the dealer, which is an initial commitment to purchase but the actual lease agreement is signed with a third party financing company which is charging you interest directly. If this interest rate is anything above zero it is haram (anything which is haram in a large quantity is also haram in a small quantity).

To my dismay, instead of acknowledging his mistake, my friend played the “Fatwa Card” and sent me a fatwa from a very large fatwa body in North America, which was also basing their argument on this false assumption. Fortunately for me, my friend pointed out the hotline number and the day and time the mufti who gave the fatwa would be available to answer questions.

I got in touch with the scholar and over a series of text messages proceeded to explain to him that his fatwa was based on a wrong assumption and for this reason people would be misled into leasing cars on interest and signing agreements with financing companies which are haram.
He was nice enough to hear my arguments, but still insisted that “maybe things were different in Canada.” Again this disappointed me because giving fatwa is a big responsibility – by saying “maybe” he was implying that full research has not been done and a blanket fatwa has been given for all of North America.

It also meant that if my point was true (for both Canada and the United States) dozens of Muslims maybe engaging in riba due to this fatwa.

The next week I proceeded to call two large dealerships (Honda and Toyota) in the very city where the Fatwa body is registered in the US and asked them about paperwork related to leasing. They both confirmed that when leasing a new vehicle, the lease contract is signed with a third party financing company which has the lien on the vehicle and the dealer is acting on the financing company’s behalf.

It is only when a vehicle is purchased in cash that a contract is signed with the dealer. This proved my point that both in the US and Canada car lease contracts are signed with the financing company and the interest obligations are directly with the consumer, therefore if the interest rate is anything above 0% it is haram. I sent a final text to the mufti and my friend sharing what I had found and letting him know that it was now between them and Allah.

1. As we will stand in front of Allah alone on Yaum al Qiyamah, in many ways we also stand alone in dunya. You would think that world renowned scholars and an entire institution would be basing their fatwas on fact-checked assumptions but this is not the case. You would also think that friends who you deem knowledgable and you trust would also use logic and critical thinking, but many times judgment is clouded for reasons unbeknownst to us. We must not take things at face value. We must do our research and get to the bottom of the truth. Allah subḥānahu wa ta'āla (glorified and exalted be He) says to stand up for truth and justice even if it be against our ourselves; although it is difficult to do so in front of friends and scholars who you respect, it is the only way.

2. There are too many discussions, debates and arguments that never reach closure or get resolved. It is important to follow up with each other on proofs and facts to bring things to closure, otherwise our deen will slowly be reduced to a swath of grey areas. Alhamdulillah, I now know enough about this subject to provide a 360 degree view and can share this with others. It is critical to bring these discussions to a close whether the result is for you or against you.

3. Many times we have a very pessimistic and half hearted view towards access to information. When I was calling the dealerships from Canada in the US,  part of me said: Why would these guys give me the information? But if you say Bismillah and have your intentions in the right place Allah makes the path easy. One of the sales managers said “I can see you’re calling from Toronto, are you sure you have the right place?” I replied, “I need the information and if you can’t give it to me I don’t mind hanging up.” He was nice enough to provide me with the detailed process and paperwork that goes into leasing a car.

Finally, I haven’t mentioned any names in this opinion and I want to make clear that I am not doubting the intentions of those who I spoke to; I still respect and admire them greatly in their other works. We have to be able to separate individual cases and actions from the overall person.

May Allah subḥānahu wa ta'āla (glorified and exalted be He) guide us to the truth and rid of us any weaknesses or arrogance during the process.

Aameen.

Ed’s Note: The writer is not a religious scholar and is offering his opinion based on his research on leasing contracts in North America.

Suggested reading:

Muslim’s Guide to Debt and Money Management Part 6

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6 Comments

6 Comments

  1. Avatar

    Saifullah

    February 8, 2019 at 12:21 PM

    How easy or hard was it to negotiate the money factor/interest rate to 0%? Is this something that the financier is typically negotiable on?

  2. Avatar

    Spirituality

    February 8, 2019 at 4:08 PM

    As Salamu Alaikum,

    Sigh…I always have had my doubts regarding “Islamic Finance” and scholarly defenses of it – and this article only strengthens my doubts.

    Jazak Allahu khayran brother for your research.

    May Allah help us all.

  3. Avatar

    Shaka

    February 11, 2019 at 1:58 PM

    This article makes no sense. A lease contract isn’t a purchase agreement. It is the equivalent of rental agreement with a buyout option at the end. There is no transfer of ownership… you are agreeing to make monthly payments in exchange for the USE (i.e. not ownership) of a car. The only thing the interest rate does is determine the amount of the payment… but that does not change the nature of the transaction.

    • Avatar

      İlgar Aliyev

      June 7, 2020 at 7:25 PM

      Is the mere presence of interest rate in those kinds of agreements (leasing or purchase or zero-percent-financing) not enough for a Muslim who is one of the counterpart in such agreements to abstain from entering them?

  4. Avatar

    Spirituality

    February 12, 2019 at 4:24 PM

    IslamQA recognizes such transactions as haram:
    https://islamqa.info/en/answers/20091/leasing-a-car

  5. Avatar

    Siraaj

    February 17, 2019 at 4:24 PM

    Interesting piece

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#Society

Raised by Converts

Note to the reader:  Some Muslims debate which term we should use for someone who has chosen to accept Islam. Is it supposed to be “convert” or “revert?”  In this article, I choose to use the word “convert.”  Before I start receiving comments from individuals who are convinced that the term “revert” is the only correct one, I would like to share this superb article on the issue written by Ricardo Peña, who says it better than I ever could.  

Nuha* thought she had found her soulmate and future life partner in Joel*, her co-worker. He was kind, hardworking, and charming, and the young couple wanted to get married.  Nuha’s father, however, would not give his blessing to the union because the potential groom had recently converted to Islam.  Nuha’s dad wanted his daughter to marry a man who had grown up in a Muslim family and therefore, presumably, had years of Islamic experience and fairly solid religious knowledge. He speculated about some of the things Joel might have done before embracing Islam and whether he had any habits that would be hard to break. He also thought it would be wiser for his daughter to marry someone from the same background; he doubted a white guy would really know how to relate to a Pakistani-American girl and her desi family. Most of all, he worried that Joel would not know enough about Islam to be a good husband, father, and imam of his family.  

Was Nuha’s father justified? Do converts make good spouses and parents? Can they ever truly move on from any un-Islamic aspects of their past and adhere to their new deen

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How do converts attain the knowledge necessary to raise children with Islamic knowledge, taqwa, and adab?

To answer this question I spoke with six Muslims who grew up in a household where one or more parents were converts to Islam. Their answers give insight into the true dynamics of what happens when converts raise children.  

Khadijah is a freelance writer, editor, and writing coach from the United Kingdom. Her mother, a white British woman, converted when Khadijah was eight years old.  When she and Khadijah’s father had divorced, she had felt a need to find a deeper meaning in life. This searching led her to Islam.  

“My mum taught me Islam in stages,” explains Khadijah. “As she learnt things, she passed them onto me. We went to study circles together, and we learnt to pray together as well. She wrote the transliteration of the prayer on little blue cards for us to hold whilst we prayed. I wouldn’t say her knowledge was sufficient at the time, but whose knowledge is? I learnt valuable lessons as I watched her do her own reading, leaning, and questioning. I felt like we stumbled through together. As I grew up, this taught me Islam is a constant journey, and it’s ok to ask questions.”

Shaheda, a freelance writer from North Carolina, grew up in different circumstances than Khadijah, but the women’s stories have definite parallels. Shaheda’s parents are African Americans who were both raised in traditional southern Christian families. The pair converted to Islam in the 1960s when they were college students who were active in the Civil Rights movement. They began to learn about Islam after their introduction to leaders like Malcolm X.  

As different as her parents’ life experiences were from Khadijah’s mum’s, Shaheda enjoyed the same benefit of being able to see her parents growing and changing due to the love of Islam. “My parents were learning Islam as they were raising us,” explains Shaheda, “and so their increase in knowledge was tangible to us. We grew up in a community where you would see the physical manifestations of knowledge acquisition. The style of dress of the sisters became more modest, the separation of women and men became more pronounced in social gatherings, social gatherings took on a more religious tone, we began to attend Sunday school to learn Quran and Arabic.”

Though it may come as a surprise to some, in families where one spouse was a born to a Muslim family and the other is a convert, the convert is often actually the more knowledgable and practicing parent. Aliyah is a family counselor from the Midwestern United States whose Indian mother and white American father met when they were partners in pre-med.  “My dad had read about ‘Mohammedans’ and would ask my mom lots of questions about them,” explains Aliyah. “My mom was raised in a home that was only culturally Muslim. Plus, back then most immigrants just wanted to assimilate. She didn’t really know the answer to my dad’s intensive questions. One day she suggested he ask her father the same questions. My grandfather took him to the ISNA convention where he could ask more knowledgeable people. Alhumdulilah he got all his questions answered and converted!”

 She continues, “As a little kid we always looked at my dad as the sheikh of the house. We all agree that he’s the reason my family is even practicing. He would always patiently entertain and answer my questions, read me stories about the Prophets and Seerah, and really focus on aqeedah and comparative religions.  When I grew up and both our levels of knowledge needed to grow, we learnt together. As a teen, my dad and I would walk to the masjid together and attend the Friday night halaqa. In college, our favorite thing to do was attend al Maghrib classes. I would ditch my friends and discuss with him what we had learned during the lunch break.”

For Iman,* a stay at home mom who grew up between the United States and the Middle East, it was her convert mother — not her Arab father — who was her main Islamic influence.  “I was about 6-7 years old when my mom converted,” she explains.  “I grew up celebrating Christmas and Eid. We had a Christmas tree in our living room for the first several years of my life. My mother, who was raised a Southern Baptist, embraced Islam when my youngest brother was a baby, so for most of his life she was a practicing Muslim. We learned most of what we know from her.  I remember as a child seeing stacks of books on the dining table that she would check out of the masjid library to read and learn. She was a very intelligent woman who knew more about Islam than lots of born Muslims.”

Based on her own experiences, Iman asserts, “Generally speaking, I think converts are more knowledgeable than born Muslims. It can be challenging,” she adds, “when the convert is more serious about deen than their born-Muslim spouse.”

Anisa, a former teacher from Missouri, agrees with Iman.  “In some ways, I feel converts may have more Islamic knowledge than born Muslims because they have had to search for the knowledge themselves as opposed to growing up with it. Also,” she adds, “many born Muslims have grown up with so much culture mixed with the religion that the difference between the two can get blurred.”

Anisa’s mom, a white American woman who was raised Christian, met some Muslims at Oklahoma Baptist College back in 1970.  She started conversations with them in the hopes of converting them to Christianity, but ended up intrigued by their faith. She took an Islamic History class and read whatever books she could find at the library. She decided to become a Muslim at an MSA conference and made her shahada in 1973. “By the time my mother was raising my sisters and me, she definitely knew all the basics of Islam and was able to teach us,” says Anisa.

“She was the main parental source of knowledge for us, although we also attended Sunday school.”Click To Tweet

Mustafa is the child of an Egyptian dad and an American mom. He was born in the U.S. but raised primarily in Egypt where he was surrounded by Muslims, and yet his convert mother was a huge inspiration to him in his faith. “I know that I loved my mom so much,” Mustafa says.  “I felt that she had done the decision-making process for us. That if someone so smart, clever, and precise figured out Islam was the Truth, it must be.” 

“My mom became Muslim in the early 80s,” explains Mustafa. “She learned about Islam from her students while completing her Masters at the University of Illinois-Champagne. She was teaching English as a second language to Malaysian exchange students. She also ended up living with them and learning about Islam from them. People always assumed my mom converted for my dad,” muses Mustafa. “She didn’t even know him when she converted!”

As positive as their experiences were, overall, with the guidance of their convert parents, life was not always easy for the children who grew up with one born-Muslim parent and one convert. Many times, stereotypes about race, ethnicity, and cultural differences complicated their relationships with extended family members and outsiders. Both as children and as adults, many of them had to cope with people’s misconceptions and tactlessness.  

“I was always teased,” confides Aliyah.  “I’ve been called ‘half Muslim,’ ‘zebra,’ and ‘white girl’ in a derogatory way. Aunties always questioned if I was taught Islam properly. People would assume my dad converted for love (the pet peeve of my whole family). I would hear talk in Urdu in the masjid kitchen that I couldn’t cut an onion because I’m white. It was hard for us when we were getting married to find someone that clicked with us because we were so culturally different than everyone we knew.”

“Kids are rough,” adds Mustafa.  “Muslims can be ignorant, stereotypical, and not know what is offensive. Someone asked my sister, ‘Did your dad marry your mom because she wore a bikini?’ We were oddities at school in Egypt when people would see my mom pick us up from school. I was actually embarrassed to be seen with her for a while growing up, just because of all the attention it got me.”

I was “the white girl” in a Muslim school,” explains Khadijah, “and whilst that made the other girls very aware of who I was, there was always an element of separation there. I didn’t feel white. I didn’t feel Pakistani or Gujarati. I don’t feel like it affected me in either a negative or positive way. I got used to not completely belonging and forged my own ‘culture.’ I married an Afro-Caribbean brother, so my children have such a mix of cultures around them and I think it’s pretty beautiful. Whether my upbringing influenced this or not, I don’t know!”

While Shaheda did not feel any religious tension within her extended family, (“I understand from firsthand experience how people of different faiths can coexist in love and mutual respect,” she says), she does experience some difficulty from her brothers and sisters in Islam.  She reports “having to repeatedly validate my identity as an actual Muslim to those who don’t have the same experience. The assumption that there may be something missing or not quite Muslim enough is troublesome.” 

Wisdom to Share

These children of converts with their unique experiences and courageous dedication to their faith have excellent wisdom to share with the Ummah.  

Aliyah, whose work as a counselor focuses especially on Muslim families, has advice for Muslim parents whose marriage is mixed, either culturally or racially. “To youth,” she says, “identity matters SO MUCH, especially in this day and age when that’s all anyone ever talks about. If you’re a white convert parent of brown/black kids, identify your privilege that comes with that. If your kids are brown or black…learn about what that means in America. When I was with my non-Muslim relatives they would just make me feel so ‘other.’ They would focus on my exotic look and beliefs and just make me feel like an alien.” 

She continues, “Research things to consider when you are raising a child that is a different ethnicity than you. Ask your kids how they feel about it. Have an open conversation. Teach them about valuing both their cultural backgrounds.”

Khadijah’s advice to Muslim parents is,

“Learn WITH your children. Let them see that you’re still learning and struggling as well. Let them experience the journey with you. They’ll learn more that way than through lectures. You don’t have to act like you have everything figured out.” 

I believe the constant cycling in of converts into Muslim communities is a great blessing,” offers Shaheda. “And with that blessing comes a responsibility. We owe them our support, wisdom, and love, and I think we should take that responsibility very seriously. We should create bonds. These individuals who Allah has chosen as believers among disbelievers are special, and they keep us on our spiritual toes. There are multitudes of blessings when a community gains a new convert.”

When I asked them if they would have any concerns about their own children marrying converts, all of the interviewees answered a firm “no.”  They realize that a person’s dedication to Islam is not guaranteed by being born into it, or even raised with it. 

Converts — people who chose Islam as mature adults after a great deal of research, soul-searching, and personal transformation — are among our Ummah’s most passionate, educated, and sincere members.  

*Names have been changed

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#Islam

30 Khawaatir in 30 Days- A Parent’s Guide | Day 15: Fruit Out of Season

Now that we have learnt about making our intentions big, let’s now talk about fruit out of season.

Who can tell me who Maryam raḍyAllāhu 'anha (may Allāh be pleased with her) is

Yes, she was the mother of ‘Isa 'alayhi'l-salām (peace be upon him), and also the best woman to ever live. Allah subḥānahu wa ta'āla (glorified and exalted be He) says in the Qur’an that He chose her over all the women in the world.

Question: Do you know that she was also the niece to a Prophet? Does anyone know her uncle’s name? 

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His name is Zakariya 'alayhi'l-salām (peace be upon him), good job! Do you know that Prophet Zakariya  'alayhi'l-salām (peace be upon him)  was actually inspired by something he saw in Maryam’s raḍyAllāhu 'anha (may Allāh be pleased with her) room? It’s unusual for adults to admit that they learn from younger people, but we actually do, all the time! 

One day, Prophet Zakariya 'alayhi'l-salām (peace be upon him) went inside Maryam’s raḍyAllāhu 'anha (may Allāh be pleased with her) room and he saw fruit that was out of season. 

Question: Can anyone tell me what fruit would be out of season in the spring, but we love to eat it in the summertime? Can we get that same fruit in the wintertime?

Well, Maryam raḍyAllāhu 'anha (may Allāh be pleased with her) would get fruit that was supposed to only grow in the summer during the wintertime too! This was a gift that Allah subḥānahu wa ta'āla (glorified and exalted be He) would give her. Zakariya 'alayhi'l-salām (peace be upon him) was so amazed by this! He asked Maryam raḍyAllāhu 'anha (may Allāh be pleased with her) how she came upon the fruit and she replied:

 هُوَ مِنْ عِندِ اللَّـهِ ۖ إِنَّ اللَّـهَ يَرْزُقُ مَن يَشَاءُ بِغَيْرِ حِسَابٍ

“It is from Allah. Indeed, Allah provides for whom He wills without measure.” [Surat Ali ‘Imran; 37] 

Now, by this time, Zakariya 'alayhi'l-salām (peace be upon him) was very old. And when you get to be very old, it is very unusual to have any more children. Zakariya 'alayhi'l-salām (peace be upon him) and his wife never had any children at all. But, he was so inspired by what his niece said that he raised his hands in dua’ and asked Allah subḥānahu wa ta'āla (glorified and exalted be He) for a child. Even though having a child seemed  impossible because it was “out of season” for Prophet Zakariya 'alayhi'l-salām (peace be upon him) he asks anyway knowing that Allah subḥānahu wa ta'āla (glorified and exalted be He) can grant us anything- even if it is not “in season!”

Question: Can we get that same fruit in the wintertime?Did Allah subḥānahu wa ta'āla (glorified and exalted be He) answer Prophet Zakariya’s 'alayhi'l-salām (peace be upon him) dua’? 

Yes! Prophet Zakariya 'alayhi'l-salām (peace be upon him) was blessed with Yahya 'alayhi'l-salām (peace be upon him), who too became a Prophet and was the cousin of Prophet ‘Isa  'alayhi'l-salām (peace be upon him)!

This shows us that it’s never too late or too early to ask for what our heart desires. Maybe Allah subḥānahu wa ta'āla (glorified and exalted be He) will grant you something that is out of season too!

 

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#Culture

The Beginnings Of The Darul Islam Movement In America

I was raised in the Darul Islam movement; my father Shaykh Abdu-Karim Ahmad, was one of their Imams for a time in Philly. So was my cousin Shaykh Ali Ahmad. Both who are still alive today. There are many narrations yet to be told, that shed a little light and context, about Muslim America today.

Much of the history about Islam in United States of America and of the pioneering Muslims upon who’s shoulders we stand, has never been told. Some of them unfortunately may never be told and may die with the death of those who were there. When it comes to American Muslim history, the narratives of those who lived it is more poignant than that of those who only heard about it. As in the hadith of the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him), “He who is told is not like he who has seen”.

Much of what is written about Black American Muslim Sunni pioneers is written about us but not by us. 

One story that has remained largely unchronicled is that of the Darul Islam movement. Darul Islam was an early indigenous Sunni Muslim community made up of Black American Muslims and converts to Islam. At its height, it comprised 25-30 Muslim communities and masaajid across the country. It was started by Rajab Mahmood and Yahya Abdul-Karim, who were formally attendees of the famous State Street Mosque in Brooklyn, New York in the Atlantic Ave area west of Flatbush. The State St, Mosque which was started by was Dawud Faisal, a Black man who came to the United States from the Caribbean to pursue a career in jazz music, became a beacon for early Muslim immigrants as there was already a spate of Arab businesses along Atlantic Ave near third street, not far from the Mosque. My father used to take us to Malko Brothers bakery on Atlantic Ave in the early sixties where we would buy pita bread and halal meat from one of the other stores. It was one of the few places you could buy pita bread on the East Coast and there was no such thing as a halal store in America then.  

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Partially because Shaykh Dawud was black, and perhaps because of his jazz background and affiliation, the Masjid also attracted Black American converts to Sunni Islam. Many early Sunni Muslims were associated with and came from jazz musicians.  The Legendary John Coltrane was reported to have been a Muslim, he was married to a sister named Amina and his daughter was named Na’eema. My father performed her marriage in New York in the 1980’s. It’s rumored that he never publicized his Islam because it would have damaged his career as it had done to so many others. Hajj Talib Dawud, who started a masjid in Philadelphia (not related to the Darul Islam movement), used to be a trumpet player for Dizzy Gillespie. 

Meanwhile, , there was a chasm between immigrant Muslims who were new to the country. Converts to Islam, who were overwhelmingly Black, were new to Islam.  In 1960, Shaykh Dawud hired a teacher who was Hafiz al-Quran named Hafiz Mah’boob — he was associated with the Tabligh Jamaa’ah movement— but he was Black or looked black. The young African American converts, Rajab Mah’mood, Yahya Abdulkarim, Suleiman Abdul-Hadi (my uncle and one of the founding members of The Last Poets), Muhammad Salahuddin, and others. were drawn to him, He was “down” with educating the brothers from America and he used to teach them Arabic and Islam. It was a different time then and the immigrant, mainly Arab Muslims, and the Black American converts to Islam were from two different worlds. There was an unspoken uneasiness. Eventually Hafiz Mah’boob suggested that the African American brothers go and start their own masjid.

Rajab Mah’mood and Yahya AbdulKarim eventually left the State Street Mosque and started their own Masjid in Brownsville, one of Brooklyn’s toughest neighborhoods, they named it Yasin Mosque, and that was the beginning of the Darul Islam Movement in the United States. That’s also just the beginning of the story.

I was born and raised a Sunni Muslim in Philadelphia, PA; my parents converted to Islam in the 1950’s.

I was raised in the Darul Islam movement; my father Shaykh Abdu-Karim Ahmad, was one of their Imams for a time in Philly. So was my cousin Shaykh Ali Ahmad. Both who are still alive today. There are many narrations yet to be told, that shed a little light and context, about Muslim America today.

History matters. 

Taken from the Upcoming Book. “The History of the Darul Islam Movement in America” 

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