Mannequins used in dress shop and an inheritance issue

13-6-2005 | IslamWeb

Question:

1) I do have ladies dress shop to make an advertisement I have dressed and hang up well-structured toys in my shop, the toys has a face, so according to my religion is it permitted to hung up a toys?
2) I want to learn film editing. So is it permitted in Islam that to work film editing of wedding and other ceremonies?
3) My grandmother is over 90-years old my father died before 7-years, one year after death of my father, I asked my grandmother to take her 1/6th share of her son, and she told me "I will not take it, it means I left it to you to take care of your brothers and sisters after your father", at that time I didn't make her to sign and after 6-years my uncles and aunts told her not to leave the share (in order to get their share of their mother). At this time the worth of the asset left by my father is 10 times more than the time of death, so I can't pay them their share unless I sell the property. So what shall I do?

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

It is absolutely forbidden in Islamic Law to make or use portraits of animates. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "The most grievous torment for the people on the Day of Resurrection would be for those who try to imitate Allaah in the act of Creation." [Muslim]

Moreover, the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) sent 'Ali  may  Allaah  be  pleased  with  him and ordered him to demolish every idol and to flatten raised graves. [Muslim]

The only thing that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) permitted is children's toys [in the shape of statues or living creatures, like dolls and the like]. Abu Daawood may  Allaah  have  mercy  upon  him reported that when the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) came back from the battle of Tabook or Khaybar, he saw dolls and a horse belonging to 'Aa'ishah  may  Allaah  be  pleased  with  her. So, the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) asked: "O, 'Aa'ishah, what is this?"

She replied: "They are my dolls". Then the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) saw a horse with two wings among these dolls and asked: "What is it that which I see in the middle of these dolls?"

She replied: "A horse."

He said: "What is on it?"

She replied: "Two wings".

So the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said in astonishment: "A horse with two wings?"

'Aa'ishah  may  Allaah  be  pleased  with  her replied: "Did you not hear that the Prophet Sulaymaan,  may  Allaah  exalt  his  mention had horses with wings?"

Then she  may  Allaah  be  pleased  with  her said: "So he laughed until I saw his molar teeth."

Therefore, the above narration is evidence that children's toys [in the shape of living creatures] are permitted. Apart from children's toys, other statues and portraits in the shape of living creatures are prohibited in principle because of the afore-mentioned narrations. So using statues to display clothes is an evil thing and it should be avoided, however, if the head is cut, then we hope that there is no harm in using them. Imaam Ahmad, At-Tirmithi and Abu Daawood may  Allaah  have  mercy  upon  them reported that Jibreel (angel Gabriel) told the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ): "Ask him to cut the head of the statue so that it will be like a tree." So, if the head of the statue is cut, it will become permissible to use it, Inshaa' Allaah, provided that these statues on which clothes are displayed do not transgress the limits of bashfulness, like exposing the breasts and the like. Thus, if a Muslim cannot do this, he should do something near to it while avoiding what could be forbidden in religion.      

For more details, please refer to Fataawa: 89555 and 88456.

With regard to what your grandmother gifted to you to spend on your brothers, the scholars may  Allaah  have  mercy  upon  them stated that once the recipient receives the gift, it becomes his property, unless it is already in his possession, then it becomes his property by telling him that 'such and such thing is yours'.  There are evidences in the Sunnah, supporting this. If you had received the one-sixth that your grandmother gifted you, or that her one-sixth share is in your hands, then you have indeed possessed what she gifted you and you are not obliged to give it back to her heirs as they have no right in it unless you want to give it back to them in order to keep good ties with kinship and avoid disputes; which is something good.

However, if you have not yet received your grandmother's one-sixth of the land and it is not under your possession, and she is still alive, then the matter is in her hand. If she insists to gift her share to you and to your brothers, and it comes into your possession, then it is your property and it belongs to you and your brothers. Nonetheless, if you have not taken possession of it, then it is still her property. If she dies while the share is in her ownership, it becomes the property of her heirs. In such a case, you have to give the heirs their right from this one-sixth portion either by selling the equivalent of one-sixth of the property or by giving them this share to become their property each according to his share. 

Allaah knows best.

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