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

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Publication : 04-12-2005

Views : 13663

Question

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?.

Answer

Praise be to Allah.

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.

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Source: Islam Q&A