What do the scholars of the Din and muftis of the Sacred Law state regarding the following issue; a UK based charity that is named SKT Welfare, fundraises from people and gives to the Muslims of poor countries. A Sunni Scholar has spoken against the charity saying they are deceptive in peoples charitable funds and do not follow a 100% donation policy. Following the release of this news the support for the charity has been impacted and the trust of UK Muslims has broken, hence Muslims are disconcerted regarding this matter. The question is that on the statement of one individual is it permissible to declare the whole charity team as deceptive or are more witnesses required as proof for the allegations. Up till now there is no proof regarding their deception. Evidences are required along with the given answer.
Questioner: Bilal from Leicester (England)
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
It is impermissible to call a Muslim deceptive without legal evidence, so without legal evidence how will it be acceptable to declare the whole Muslim team as deceptive. Also the statement of one individual does not prove their deception, up until that individual doesn’t prove the deception of the SKT team through legal evidence. In this regard legal evidence is the statement of two just men or one man and two women.
As Allah (عزوجل) states in the Holy Quran;
اَشْہِدُوۡا ذَوَیۡ عَدْلٍ مِّنۡکُمْ
Take two just persons as witnesses from among you. [Surah Talaq, Verse 2]
Furthermore, Allah (عزوجل) states
وَاسْتَشْہِدُوۡا شَہِیۡدَیۡنِ مِنۡ رِّجَالِکُمْۚ فَاِنْ لَّمْ یَکُوۡنَا رَجُلَیۡنِ فَرَجُلٌ وَّامْرَاَتَانِ
Make two witnesses from among your men, then if two men be not available then a man and two women such witnesses. [Surah Baqarah, Verse 282]
In the credible Hanafi books of principle, the ruling is present that to prove the statement consisting of accusation against a Muslim, it requires testimony consisting of two aspects, quantity and justice. Quantity refers to two men and justice refers to them being just.
As is stated in Usool Shaashi;
وخالص حق العَبْد مَا فِيهِ إِلْزَام مَحْض فَيشْتَرط فِيهِ الْعدَد وَالْعَدَالَة وَنَظِيره المنازعات
That which is purely the right of man, in which accusation is entailed upon him then quantity and justice both conditions are required.
(اصول الشاشی ص 214 مکتبۃ المدینہ)
For example one just person gives the news regarding a husband and wife that they are both siblings, just as if they are being accused of getting married despite marriage forbiddance, which is haram and secondly the right of coitus is also removed. So a statement like this is not accepted up until two just men witnesses or one man and two women are witnesses to prove it.
Allama Ibn Abideen Shaami (may Allah envelope him in His Mercy) states in Rad ul Muhtar
إذَا أَخْبَرَ عَدْلٌ أَنَّ الزَّوْجَيْنِ ارْتَضَعَا مِنْ امْرَأَةٍ وَاحِدَةٍ لَا تَثْبُتُ الْحُرْمَةُ، لِأَنَّهُ يَتَضَمَّنُ زَوَالَ مِلْكِ الْمُتْعَةِ فَيُشْتَرَطُ الْعَدَدُ وَالْعَدَالَةُ جَمِيعًا إتْقَانِيٌّ
(ردالمحتار کتاب الحظر والاباحۃ ج6 ص 346)
Similarly, Imam Ahmed Raza Khan (may Allah envelope him in His Mercy) was asked a question about a Imam who was accused of lying; is it permissible to read Salah behind him, if for instance regarding his dishonest habit, a witness is established. In reply to this Imam Ahmed Raza Khan (may Allah envelope him in His Mercy) states – In Salah being valid behind him there is no genuine concern and further states that in the mentioned scenario only a statement is nothing even if a witness verifies it, because Zayd in his statement or supporting statement has spoken in the contrary, so with this, really being dishonest or a transgressor is not established. Yes, if with legal evidence Zayds dishonesty, transgression immorality reaches the evidence requirement then without doubt making him Imam is prohibited and reading Salah behind him will be Makruh.
(فتاوی رضویہ ج 6ص 491)
Just like, legal evidence is necessary to prove the dishonesty of the Imam, similarly to establish the deception of a Muslim, legal evidence is required. Therefore without legal evidence it is not correct to accuse the SKT charity team of being deceptive and mishandling charitable funds. It is also not correct for the public to accept this accusation or neither based on this accusation is it correct to have bad suspicion of the team, because Allah (تعالی) prohibits bad suspicion as Allah (عزوجل) states;
:یٰۤاَیُّہَا الَّذِیۡنَ اٰمَنُوا اجْتَنِبُوۡا کَثِیۡرًا مِّنَ الظَّنِّ ۫ اِنَّ بَعْضَ الظَّنِّ اِثْمٌ
Oh you who believe, avoid most suspicions, without doubt some suspicion is sin. [Surah Hujurat, Verse 12]
Furthermore, it is in a Sahih hadith, Rasool Allah ﷺ (Allah bless him and grant him peace) states;
:اِیَّاکُمْ وَالظَّنَّ فَاِنَّ الظَّنَّ اَکْذَبُ الْحَدِیْثِ
Stay away from suspicion; suspicion above everything is the biggest untruthful thing.
(صحیح البخاری، کتاب الادب، باب یا ایھا الذین امنوا۔۔۔الخ، الحدیث۶۰۶۶، ج۴، ص۱۱۷)
Of course, if with legal evidence, the SKT charity team being deceptive is established, then repenting is Wajib upon them and to the extent they have been deceptive in charitable funds giving its recompense is Wajib.
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری
Answered by Mufti Qasim Zia al-Qadri
Translated by Hamza Hussain
Read the original Urdu answer here: [Q-ID0511] A Sunni Scholar has said that a Charity is deceptive, should it now be boycotted?
