Mudhaarabah contract according to Hanafi Fiqh

Q: Please comment on the following from Maliki Fiqh disallowing sleeping partners in an Islamic Contract.

Please give the Hanafi position with proofs.

The only formula for a silent investor is a business loan or Qirad. In a partnership all the partners have to work, they are all equally owners and therefore equally responsible.

I said: “What is your opinion of an arrangement in which I place a person in a stall and say to him: ‘I will accept the goods and you will do the work on the condition that whatever God grants us will be shared between us equally?’” He said: ”According to Malik, this is not permissible.” (Sahnun, Mudawwana, 12: 41).

I said: “What is your opinion of a partnership between three people in which one provides the millstone, the other the house, and the other the work-animal, on the condition that the owner of the animal does all the work?” He said: “The entire proceeds of the work are to go to the owner of the animal who executes the work, and he is obligated to pay the rental fee for the millstones and house.” I said: “Is this also the case even if he does not earn anything?” He said “Yes, even if he does not earn anything.”(Sahnun, Mudawwana, 12: 45).

Ibn Qasim rejects the validity of a partnership based in cash only which stipulates that all the work be done by only one of the partners. He explains his rejection as follows:

“The basis for this is that according to Malik, a partnership is not permissible unless they combine in its work proportionally to their respective shares in the joint capital.”(Sahnun, Mudawwana, 12: 60).

Wearing a soccer shirt with a cross symbol

Q: Please can you advise on the permissibility of wearing the England football shirt? Unfortunately many brothers have taken to not only wearing this, but also displaying the England flag on their houses during football matches. They also do this with the Union Jack flag during the Olympics/for celebration of the queens milestones (e.g. jubilee celebration).

The arguments put forth by these individuals are that the cross symbol is no longer solely representative of the Christian faith and identity as it is used more widely nowadays to represent other things and doesn’t just signify one is a Christian. As an example, they say that just because isis used the seal of the prophet Muhammad ﷺ does that mean everyone who uses the seal of the Prophet ﷺ follows isis? They also say that as wearing a necktie was once associated with the cross but no longer is today, in the same vein, wearing the St. George’s Cross of England flag no longer represents Christianity.

Please can you provide us with a clear cut answer as the brothers are unsure how to respond to some of these shubuhat.

Compatibility when choosing a spouse

Q: I'm a taalibul 'ilm (studying Dars-e-Nizaami). I have no objections with what is said, but I'd merely like a clarification and an explanation if possible.

I came across the following question on Muftionline: https://muftionline.co.za/node/33372

At the bottom, as a note, Hadhrat mentions, "The above ruling applies to the case where the boy and girl are both non-Arabs and both their parents and grandparents are born Muslims (i.e. they are not converts)."

Some details regarding the mubaarak birth of Rasulullah (sallallahu alaihi wasallam)

Q: It will be appreciated if you can clarity and confirm the authenticity of the following:

1. Rasulullah (sallallahu alaihi wasallam) was extracted from the womb of Bibi Aamina in a sajdah posture.

2. Sand particles were found in the mubaarak fingers of Rasulullah (sallallahu alaihi wasallam) upon his birth.

3. For moments on end his eyes were focused to the sky meaning to Allah.

4. His shahada finger was lifted.

Did all this happen on Rasulullah's (sallallahu alaihi wasallam) birth?

It's being quoted that historians have recorded the above. Guidance on the above will be appreciated.