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14,03905/12/2005

He brings his customers to sinful places and receives a commission for that from their owners

Question: 75443

I live in Germany and I have a friend who works as a taxi driver. He says: on many occasions we get a fare asking us to take him to promiscuous places. When he reaches those places and takes a payment from the one who hired the taxi, our friend the taxi driver has the option of getting out and taking a commission from the owner of that place, which is a considerable amount, no less than 30 euros. If our friend the taxi driver drops off his passenger and goes away, he will not get anything. 

My question is: 

Is it permissible for him to take this commission and not leave it for them, on the basis that he will donate it to Muslim interests and not benefit from it himself, by analogy with the interest paid by riba-based banks which a person can take and spend on the Muslims, not on himself?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

The question
should have been about taking those sinners to places of sin, not about the
ruling on the commission for taking them to places of immorality and evil.
The ruling on this commission is connected to the ruling on taking them
there. 

In the
answer to question no. 10398 we have explained that it is haraam to take
sinners to places where they disobey Allaah. It is haraam for this driver to
take anyone to a place which he is certain or he thinks it most likely that
it is a place of sin such as brothels, bars, swimming pools, etc. 

If he does
that and takes someone to those places, then he is a partner in their sin.
This is co-operating in sin and transgression, and Allaah says
(interpretation of the meaning): 

“do not
help one another in sin and transgression”

[al-Maa’idah 5:2]

If he did
that knowing that it is haraam, then he must hasten to repent, seek
forgiveness, regret what he did and resolve not to go back to it. He should
not pay any attention to that evil money that the owners of these evil
places offer. The poor have no need of it. The Muslims must denounce the
people who frequent these places in which Allaah is disobeyed, because the
Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“Whoever among you sees an evil action, let him change it with his hand (by
taking action); if he cannot, then with his tongue (by speaking out); and if
he cannot, then with his heart (by hating it and feeling it is wrong), and
that is the weakest of faith.” Narrated by Muslim (49), from the hadeeth of
Abu Hurayrah (may Allaah be pleased with him).  When Islam enjoins him to
denounce evil, how can he go from his taxi and enter those places in order
to take a commission for bringing someone to commit immoral actions therein?
He is one who does not change evil with his hand, with his tongue or even in
his heart. This is a serious issue. 

Al-Nawawi
(may Allaah have mercy on him) said: 

With regard
to the words of the Prophet (peace and blessings of Allaah be upon
him): “let him change it” this is a command which makes that obligatory,
according to the consensus of the ummah. There is a great deal of evidence
in the Qur’aan, Sunnah and the consensus of the ummah concerning the command
to enjoin what is good and forbid what is evil, and this is also part of
that sincerity or sincere advice which is Islam. 

It should be
noted that this – enjoining what is good and forbidding what is evil – has
been lost for a long time, and nowadays there is nothing left but a few
traces. This is a very serious issue which is of the utmost importance for
the society to prosper, because if there is a great deal of evil, the
punishment will encompass both righteous and evildoers, if they do not take
hold of the wrongdoer’s hand (i.e., restrain him) or they doubt that Allaah
will also encompass them in His punishment. “And
let those who oppose the Messenger’s (Muhammad’s) commandment (i.e. his
Sunnah ___legal ways, orders, acts of worship, statements) (among the sects)
beware, lest some Fitnah (disbelief, trials, afflictions, earthquakes,
killing, overpowered by a tyrant) should befall them or a painful torment be
inflicted on them” [al-Noor 24:63]. End quote.

Sharh
Muslim (2/22-24). 

It is not
permissible for a Muslim to deliberately do a haraam deed in order to take
their wealth and spend it on Muslim interests, unlike one who has repented
from riba or earning haraam wealth, for the repentance of such people
requires them to spend that money on charitable causes. 

And Allaah
knows best.

Source

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