Question
Muhtaram, the humble submission is that there are many khas or government rivers, canals and beels in our area. Around it are owned crop lands. During the rainy season it gets flooded with rain water. Rivers, canals and beels are consumed in two ways:
- Some rivers, canals and beels are leased from the government.
- Mosques and madrasas were leased in some areas with the consent of the Upazila Chairman, a prominent local government representative. To my knowledge which is against the government law. The money earned from this is spent on the development of mosques and madrasas. Due to leasing and taking, the poor and common people are deprived of free fishing in rain water.It is to be noted that the tenants provide bamboo, tree branches and food etc. for the fish to come and stay in the rivers and canals.Now the thing to know is:
- Is it legal to give or take a lease? If so, what is the method?
- Is it legal to lease in both the methods mentioned in the statement?
- Would it be lawful to spend the lease money on the construction of mosques and madrasas, imams, muezzins, servants, teachers' salaries and any other work of the institution? If not, what is the way to validate it?
- If someone takes the money of the mosque acquired through lease from the mosque committee saying that the lease papers of the canal-bill in the name of the mosque will be arranged by the government. Then he embezzles it himself, but who is responsible for it - the mosque committee, or the recipient?
- Does the lessee have the right to prevent the common man from fishing in the open water?. Do tenants have the right to use the land they own? What is the limit?. Is it legal to lease from the government to the common people at a low price? If so, what are the conditions?. Some influential people of the area have been leasing some of the lands owned by others in the Haor for free fishing during the monsoon season for many years. Is it valid in Sharia? If so, what is the method?Therefore, the earnest request to the Mufti is to be grateful for answering the above questions.
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Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
- A lease is a legally recognized business. Its rules and regulations are extensive. Individuals can lease their own land and the government can lease state-owned land. -Almabasut, Sarakhsi 15/64; Alikhtiyar 2/121
- And 5. Everyone has the right to benefit from the river. Therefore, there is no provision in Islam for leasing rivers. Government law also prohibits leasing rivers.And government bills without private ownership should also be kept open to the public. In particular, the canals and bills with which the interests of the common people are involved are not allowed in Islam to be given to any single individual or group. However, if a canal-bill is small and if it is leased to an individual or group, there is no danger of inconvenience to the large population, then the government has the right to lease it for the welfare of the country and the people. Thus, if the lessees take measures to cultivate fish there after taking the lease as per the rules, it will not be legal for others to catch fish from that place.And since no one other than the government or the persons appointed by the government has the right to lease these khas canals and bills, it will not be lawful to lease or rent them from those people in the area as described in the question. If taken, government resources will be consumed unjustly. If it is necessary to lease mosques and madrasas, it will be leased from the government in a legal way. -Musnad Ahmad, Hadith 23062; Kitabul Asal 7/152; Almabsut, Sarakhsi 23/173; Ananutaf Phil Fatawa p. 362; Almuhitul Burhani 6/120; Fatawa Hindi 5/380, 390
- And 4. According to the oral description of the questioner, the mosque authorities first occupied a part of these khas canals and bills with the permission of those people (unauthorized persons) in the area. Then it leases it to others. If this happens, the rent money is completely haram. This money cannot be spent on mosques and madrasas. These should be given to the poor. Therefore, in the case in question, if someone has embezzled the money of the mosque by promising to lease it, then it is the responsibility of the authorities to rescue it and take steps to get rid of it.. Leaseholders will be able to use as much land as they have legally rented / will take from the appropriate authority. They do not have the right to use land owned by others.. Such leases are generally prohibited from transfer. So there is no time to give it to someone else after accepting it yourself.. No, this forcible occupation is not legal in Sharia. The Prophet (peace and blessings of Allaah be upon him) said:Whoever takes a thing from the earth without a right, it is evil on the Day of Resurrection to the seven earths.Whoever unjustly seizes anyone's small land, on the Day of Resurrection he (as punishment) will be destroyed up to seven lands. (Sahih Bukhari, Hadith 3196)
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- والله اعلم باالصواب -
* This Fatwa was translated by Google Translate.
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Source
- আল মাবসূত, সারাখসী, Part: 15, Page: 74
- আলইখতিয়ার, Part: 2, Page: 121
- কিতাবুল আছল, Part: 8, Page: 152
- আলমাবসূত, সারাখসী, Part: 23, Page: 163
- আননুতাফ ফিল ফাতাওয়া, Page: 382
- আলমুহীতুল বুরহানী, Part: 8, Page: 120
- ফাতাওয়া হিন্দিয়া, Part: 5, Page: 370
- মুসনাদে আহমাদ, Hadith No.: 23,082
- সহিহ বুখারি , Hadith No.: 3,196
- মুসনাদে আহমাদ , Hadith No.: 23,082
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