Question:

Is it permissible for a person t do such a business wherein he is forced to do such things which will be äs a result"such a thing that will help and be useful to a non-Muslim to do an act that is counted as non-permissible according to the Shari'ah? for example, a person is an electrician. he goes to a site where the hindus intend on burning the dead. his job is to draw a sketch of the electrical wires, depicting the best way this could be achieved. this sketch would then bu used and applied to the furnace where the bodied will be burnt. will engaging in such a job be permissible?

if the above is not permissible, but now the person will not be able to find a job of it's kind easily, rather, he will fall into problems, what will the ruling be in this case?

Answer:

In principle, there are different levels regarding assistance in sin, each one having its own ruling. Each type will be discussed briefly. A detailed explanation can be found in Jawāhir al-Fiqh of Muftī Muḥammad Shafī' Saheb.

Types of Assistance in Sin
There are two categories of assistance in sin:
1. الإعانة على المعصية : Assistance in the actual sin itself.
2. التسبب إلى المعصية : To be a cause for a sin being committed.

1. Assisting in the Actual Sin
This is of three categories:
1. The intention of sin is made in the heart; e.g. a person sells grape juice with the intention that wine be made from it.
2. The mention of sin is clearly made during the transaction; e.g. Zaid requests Amr to sell him grape juice so that he could make wine out of it and Amr agrees to it and sells him the grape juice.
3. The item can only be used for sin and cannot be used for any other purpose; e.g. selling or hiring musical instruments.
These actions constitute the actual meaning of assisting in sin. The parties involved in such transactions will be sinful regardless of the fact that the actual sin was carried out or not. Thus all such transactions which are related to any of the above three categories are Ḥarām.

2. To be a Cause for a Sin Being Committed
Any action that is a cause for a sin being committed, but does not fall under any of the abovementioned categories will be regarded as التسبب إلى المعصية . Such sins are categorized into three categories:
1. سبب قريب محرك للمعصية : Those actions/transactions that are directly related to the sin and are a cause for the sin coming into existence in such a manner that if the action did not take place the sin would not have been committed. For example insulting the deities of the disbelievers will result in the disbelievers reviling Allāh Ta’ālā. Thus, in verse 6:108 of the Qur’ān. Muslims are prohibited from using abusive language in regards to the deities of the disbelievers. Such actions are prohibited in Islām and the one committing such an action will be sinful.
2. سبب قريب غير محرك للمعصية : Those actions/transactions that are directly related to the sin but are not a cause for the sin to come into existence. In other words, another person with his own will and intention carries out the sin. For example, selling grape juice to a person who will make wine out of it, but the person selling the grape juice does not make intention of wine being made out of it. So although selling grape juice is such an action which may lead to sin (making wine), but many people do not sell it for this purpose although there is a possibility that someone buys it for this purpose.

The ruling about such actions/transactions will be that if the person’s sole intention is to assist in that sin then this transaction will be Ḥarām. If he does not intend to assist in that sin and did not have knowledge of the sin being committed then the action/transaction will be permissible.

However, if the person had knowledge of the sin being committed then the action/transaction will be Makrūh. Then this Karāhat will be of two types:
1. If the item is such that without any amendments or changes, that item itself is used for sin or Ḥarām then this transaction will be Makrūh Taḥrīmī.
2. If the item itself is not used for sin, but only after making some changes or amendments in that item it is used for sin then this transaction will be Makrūh Tanzīhī.

3. سبب بعيد : Those actions/transactions that are not directly related to the sin, but become a cause for the sin to be committed at a later stage. For example, selling grapes to a person who will later make it into grape juice to make wine from it, leasing out ones vehicle to a person who intends undertaking a journey of sin. Likewise selling wood to some one who will use it to build a church.
Such actions/transactions are permissible although not preferable if the person knows that the sin will be committed.

Based on the above, every situation will have to be evaluated differently. Concerning the electrician who is contracted to do the sketch for the Hindus, he will fall under the second category and his form of occupation will be Makrūhī Tanzīhī. This is due to the fact that the sketch of the electrical wiring is in itself not used for sin. It is the furnace that will be used to perpetrate the sin of burning corpses. However, as this is Makrūhī Tanzīhī, it will be preferable to abstain.

Answered by: Sohel Randera
Checked and approved by: Mufti Muhammed Saeed Motara Saheb D.B.
Islamic Date:29 Thul Hijjah 1439
English Date: 10 September 2018