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Heelah and avoiding taxes

Fatwaa ID: 1395

Question:
As As Salaamu Alaikum MUFTI sahib… 1) can you please explain the term حيلة and please give examples… 2)Also I’m from Guyana

Which is a non Muslim country so to import a product from another country into Guyana is really expensive so what is the permissible ways in reducing the expenses and tax etc… E.g A product with CIF is $900 then when it arrives you’ll have to pay customs clearance then I think 40% if I’m not mistaken on the CIF, then there’s another tax and also 14% Vat so please explain in details InshāALLĀH… Some ppl reduce the cost on the invoice and I don’t know what more just to beat the expensive/high tax because from $900 when finished clearing the total cost might be over 1800+ I think.. I want to start a business InshāALLĀH and I also want to make sure everything is 100% halaal InshāALLĀH. Jazakallah

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

  1. Heelah refers to legal strategems or mechanisms employed to make that which is otherwise haraam into something permissible. This is permissible only at times of genuine need and it must be approved by a competent scholar. To use heelahs to simply get around the injunctions of the Shari’ah is impermissible. True accountability is to Allaah Ta’aala and He is aware of one’s intentions and purposes. We are not comfortable providing examples to the public as they may be abused.
  2. We take note of the details of your query. If the details reflect the reality, then this is oppressive and harmful. Your wealth must be protected. In Shari’ah, such oppression and harm are to be repelled. Accordingly, aside from possible legal strategems, you will be excused to reduce the cost on the invoice. Istighfaar however should be made. When doing this, you must ensure that you avoid any legal trouble or humiliation.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

12/13/1444 AH – 07/01/2023 CE | 413

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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