Question:-
I would like to know what is the status of Haraam money that a non-Muslim earned before accepting Islam? Can he use the money after accepting Islam?
Answer:-
The address of bringing Imaan is focussed towards the Kuffar and there is no difference of opinion in this matter. Similarly, all the scholars are unanimous that they are addressed in terms of Shari’ee punishments with the exception of consuming wine (where they will not be punished as it is permitted in their religion). However, if there isn’t any pact that they have entered into, whereby they have agreed to abide by the rules and regulations of Shariah, then the Shari’ee Hadd (punishment) will not be implemented upon them.
In terms of business transactions, they will be addressed in the hereafter. However, there is a difference of opinion as to whether they are addressed (in regards to their monetary transactions) in this world, or not. Imaam Zufar Rahimahullah states that, they are addressed in this world irrespective of whether the Kaafir is a Dhimmi or a Harbi. Therefore, if they carry out any transaction that is contrary to Shariah then such a transaction will be considered as corrupt.
According to Saahibain the dwellers of Darul Harb are not addressed, but rather, the Dhimmis are addressed, as they have agreed to abide by the laws of Islam. Imaam Abu Hanifa Rahimahullah states that if the Dhimmis carry out any transaction that is contrary to Shariah, then we wouldn’t consider their dealings to be corrupt, with the proviso that the transaction is in conformity with their Deen. The Dhimmis have regarded it necessary to abide by the business laws of Islam, but not if it goes against their beliefs.
The Kuffar are addressed in matters pertaining to Ibaadat in the hereafter. However, there is difference of opinion in regards to this world. Majority of the scholars state that in terms of belief, they are addressed but not in terms of carrying out Ibaadaat, except if they bring Imaan (then they will addressed in terms of Ibaadaat).
In conclusion, although the Kuffar are addressed in the subsidiary Masaa’il in terms of punishments and business transactions, the general address that is focused towards them is not sufficient to regard their transactions as Haraam or Faasid, rather the condition is that, they must consider the ruling to be binding upon themselves. The dwellers of Darul Harb have not considered the rulings of Islam binding upon themselves at all, irrespective of whether it conforms to their beliefs or not. Hence, if they acquired their wealth through Riba, Ghasab, transactions that are null and void or corrupt transactions, whether their transactions conform to their Madhab or not, the wealth enters into their ownership and it is permissible for even a Muslim to take such wealth as his salary.
Re:- Fataawa Darul Uloom Zakariyya Pg. 460 – 462 Vol.8
Based on the above, the wealth earned before Islam by a non-Muslim will be permissible for him to utilize after Islam.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 15 Rajab 1443 / 17 February 2022
