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f:362 -    Accepting profit from a trust
Country : Jaipur, India,
Name : Withheld
Question:     A certain lady sold her property through her nephew and kept the amount gained with her nephew as Amanaah.  This person is using that money and sends a certain amount to his aunt every month.  When asked about it, he says to consider it a profit from the property.  The aunt asked: When I am not the owner of the property, how can I take it? Then the nephew said that he is giving her this amount on his own.  Is accepting this amount permissible for the lady?
Answer:     In this situation, the nephew calling the money, “profit from the property” is wrong, as the lady says: When I am not the owner of the property, how can I take the profit?

Using anything which is kept as Amanaah (trust), be it amount or something else without the permission of the owner is not permitted by the Shariah.  Thus, the nephew’s using the money, if it is without the permission of the owner, then it is impressible and it is in fact a kind of cheating.  The nephew should avoid this.  If it is with the permission of the owner, then there are 3 permissible situations about the lady accepting this money:

1.  If the nephew is giving her this money as a gift, then accepting it is permissible.  The sign of this is that he used to give her such gifts before she kept the money with him and/or will continue doing so even after she takes the amount away.

2.  If it is not so, then the nephew’s saying, “I am giving this money on my own,” is a verbal declaration.  In this case, if she adjusts this amount with the money she has kept with him, there is no problem in accepting it.  When that amount is over, she should stop taking it.

3.  If the nephew is investing the amount somewhere, then he should fix the percentage of the profit with his aunt and should give the fixed percentage to the aunt.  

Giving the amount apart from this is not permissible.  

Apart from these 3 cases, she cannot accept money from the nephew in any other way.  

And Allah Most High knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]

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