83: GIFTING EXCESS MONEY TO AVOID KHUMUS: Can a husband and...

83: GIFTING EXCESS MONEY TO AVOID KHUMUS: Can a husband and wife gift their total assets to one another (which is less than their annual expenses) in order to avoid paying Khums? A: Allah (s.w.t.) says in the Qur'an: "They (intend to) deceive Allah and those who believe, they deceive not but themselves, but they perceive (it) not." If the intention in paying Khumus is to obtain the pleasure of Allah, then such manipulations cannot remain hidden from Him, and He will deal with them accordingly.

If they think that Allah is unaware of such tricks, then they are not Muslims at all. Q. 84: NATIONALISED HOUSES: a) In Tanzania on 22nd April, 1971 a law was enacted and assented to by the then President of the United Republic of Tanzania being No: 13 of 1971 entitled " Acquisition of Building Act, 1971".

By virtue of the said law, all buildings, residential, commercial or industrial whose cost of construction or rental value was more than one hundred thousand shillings, the Parliament empowered the President to acquire the said property if in his opinion it was in the public interest to do so. Under the said law almost all buildings owned by individuals or companies were acquired (nationlised) by the Government.

There was a provision for compensation but very few were paid and those who were paid were not in accordance with law: the legal requirement was that the compensation shall be fair, edequate and prompt. Some were paid after 5 to 10 years but not adequately. Others have not been paid at all.

Now the problem we face is this: If the owner of an "acquired" property has not been paid any compensation, can a tenant occupying such property prior to acquisition continue to occupy it and pay rent to the government? A: If it is possible to contact the original owner, then the best course is to obtain his permission to live in that house either free of charge, or on paying some token rent.

If it is not possible to contact him or if his identity or present address is not known at all, then the occupier should pay every month some amount (according to his ability) as its rent and give it to a poor Shi'a as Sadaqah on behalf of the original owner. (This reply is based on late Sayyid Al-Khoui's fatwa.) b) Can a tenant of such acquired property take "goodwill" or "key-money" and with the consent of the Government, "transfer" it to a third party?

(No doubt they have to grease or bribe an officer for such a transaction).