A: I could not find any such provision in the books of the...

A: I could not find any such provision in the books of the mujtahideen -past or present. c) Can a broker or, lawyer charge fees on such transaction of an acquired property where compensation has not been paid? A: Apparently, no one. is allowed to deal in a ghasbi property, and fee or commission obtained from such a deal will not be lawful. Q.

85: NEED OF HOUSE AND OBLIGATION OF HAJJ: "When a person is in need of owning a house, performance of Hajj will be obligatory on him IF he also possesses money for the house" Now the following issues emerge: A tenant of National Houseing Corporation in the present state of law has no security at all. He can be thrown out, his rent can be increased at any time and his heirs cannot inherit the house a person now accupies, even if he was its owner before Acquisition.

This is because Rent Restriction Act only partly applies to parastatals like NHC etc. And Building Acquisition Act, by Section 7 sub-section 4 states that property partly returned to owners and occupied with other persons in the building cannot "pass" by inheritance such a flat or tenement or portion of the building. Under such situation will a person be obliged to perform Hajj if he fulfills other requirements but has no sufficient fund for "owning a house"?

A: I do not have the English book, but on comparing your quotation with his Arabic Manasiku 'l-Hajj, (Mas'alah 25, p.20), there appears some ambiguity in the English translation. The Arabic book says as follows: "If he has wealth sufficient for hajj expenses and he is in need of marriage or of buying a house for his residence or other (such) requirements; then if using that wealth for hajj would put him in difficulty, hajj will not be wajib for him; otherwise it will be wajib".

Owning a house for residence is a genuine necessity of life in the eyes of Islam. But a residence which one can pass to one's heirs is not a condition for wujub of hajj. If a rented house suffices for his present requirements, the above mas'alah is not applicable to him - the provisions of Building Acquisition Act and Rent Restriction Act nowithstanding. You know very will that in this country, even the private houses (like other buildings) are built on plots having not more than 99 year lease.

And the President can revoke the lease any time be likes. Surely nobody can say that hajj is not wajib on even those who own private houses because "they can be thrown out" any moment.