Subletting to a tenant conducting doubtful business (hair braids)
Category:
Business Dealings & Money Matters
According to Madhhab:
Hanafi
Reference:
1440-305
Question:
A Muslim businessman wants to sub-let a portion of his business to a salon where hair braids are joined to the hair of the clients. Would it be permissible for the businessman to sub-let his premises for such a purpose?
Answer:
Firstly, as with regards to the ruling of joining hair to one’s own hair, according to all the Fuqaha, it is impermissible for a person to join their hair with another human’s hair. In the same manner, it is also impermissible to join one’s hair with extensions made from pig hair. However, the Fuqaha have granted permission for such hair extensions which are made from animal hair except pig hair, as well as hair extensions made from synthetic material (nylon etc.), provided they are not used with the intention of deceiving others. The same ruling will apply to selling such items, i.e. to sell hair extensions made of human or pig hair will be impermissible and to sell hair extensions made of animal hair, other than pig hair, and hair extensions made of synthetic material will be permissible. (Shaami Vol. 4 Pg. 51).
Secondly, as with regards to a salon, it should be kept in mind that generally there are many practices that take place in a salon that are against the teachings of Sharī’ah. Some of them are listed below:
Women go to salons to have their hair trimmed which is impermissible.
Many a times different parts of the body are exposed which are impermissible to expose.
Many men have their hair cut by female hairdressers.
Women add hair extensions that are made from human and pig hair.
Lastly, with regards to subletting a portion of one’s business to a salon, if the salon only deals with hair braids and extensions that are made from synthetic material, then to sublet one’s property to such a salon will be completely permissible. However, there is a difference of opinion regarding subletting a portion of one’s business to such a salon which deals with other impermissible services as well, such as cutting the hair of women, using hair braids and extensions made from human or pig hair. According to Imam Abu Hanifah Rahimahullah it will be permissible to sublet a portion of one’s business to such a salon as the lessor is receiving his rental for the building itself, regardless of what the lessee uses the building for. According to Imam Abu Yusuf Rahimahullah and Imam Muhammad Rahimahullah, it will be Makrūh and impermissible to sublet a portion of one’s business to such a salon, as this will be assisting in sin and such practices which are against the teachings of Sharī’ah. (Mahmoodul Fataawa Vol. 3 Pg. 82)
In conclusion, subletting one’s property to such a salon which deals in accordance with all the teachings of Sharī’ah, which will also include hair extensions made from animal hair, other than pig hair, and hair extensions made from synthetic material, will be permissible. However, regarding such a salon which deals with un-Islamic practices, a Muslim businessman may sublet his property to such a salon, based on the view of Imam Abu Hanifah Rahimahullah. However, Taqwa would demand a Muslim businessman to refrain and avoid subletting a portion of his business to such a salon which deals with un-Islamic practices, so that his income may be pure from all doubtful earnings and so that he may not be the cause of others falling into sin.
AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Zaid Mahammad
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B.
Islamic Date: 5 Jumaadal Ukhra 1440 - English Date: 11 February 2019