Question One:
Is it permissible for a Muslim lawyer to write a will for a non-Muslim client according to English Law, where they might bequeath some or all of their wealth to entities that might be strange or perhaps prohibited (haram), such as an organization for dog care or nightclubs?
Question Two:
We have mentioned in most of our leaflets and books regarding currency that it must be gold and silver, whether in coin form or backed paper. It was mentioned in the book Funds in the Khilafah State (Al-Amwal) by Sheikh Abdul Qadeem Zallum (may Allah have mercy on him) regarding the same subject that the State can use gold, silver, and any other suitable metal as long as gold remains the primary currency. Can the State use currency backed by other precious metals alongside gold and silver, such as platinum or precious gems like diamonds and others?
Answer to Question One:
If the transaction between the non-Muslim testator and the Muslim lawyer is a contract of hiring (ijarah) to write a will for the non-Muslim as he dictates it to the hired Muslim writer, then this is a contract of hiring for the act of writing a will. The lawyer writes what the non-Muslim dictates and then takes his fee; he has no further connection to the subject of the will. If this is the case, it is permissible provided that nothing against the Islamic creed ('aqeedah) is mentioned in the will, because writing something against the Islamic creed carries the same ruling as uttering it, which is not permitted.
Nonetheless, it is better (awla) not to write the will as long as it contains rulings contrary to the rulings of Islam, in order to avoid the suspicion of consenting (rida) to these rulings mentioned in the non-Muslim's will.
However, if the transaction between the testator and the lawyer is a matter of representation (wakalah)—meaning the lawyer is an agent for the testator who carries out the execution of the will—contacting the relevant parties, informing them of it, and performing the implementation procedures as an agent for the testator—then it is not permissible. This is because, in this case, he is executing a will that contradicts the Sharia rulings that a Muslim believes in.
Answer to Question Two:
Currency in Islam is gold and silver directly, or the use of other means such as paper, provided that there is an equivalent amount of gold and silver in the Treasury (Bayt al-Mal).
It is possible to use cheap metals for low-value items (muhaqqarat al-ashya'), such as copper, as mentioned in the book Al-Amwal. This is because minting units of gold or silver for low-value items would result in a very small weight that would not be durable or suitable for circulation. Therefore, it is minted from cheaper metals like copper, or small weights of gold and silver are mixed with a large proportion of a cheap metal so the alloy reaches a suitable weight for circulation when purchasing very cheap things.
It states in the book Al-Amwal:
"...Just as the State mints smaller units than that from silver to facilitate the acquisition of low-value items (muhaqqarat al-ashya'). Given that the silver content of these units would be small and difficult to handle as pure coins, specific parts of non-precious metals are added to them, provided that the weight ratio of silver in the minted units is clearly shown in a way that prevents any confusion."
By this, the Muslims would have followed the gold and silver standard, i.e., the bimetallic standard. In the late Abbasid period and during the era of the Atabegs in Egypt, Muslims minted copper coins alongside gold and silver to purchase low-value items, considering that the intrinsic value of copper is low. It was not a representative of gold and silver but stood by itself based on its value as copper; thus, it was for buying low-value items.
Thus, the metals used other than gold and silver are usually of the cheap type. However, precious metals more expensive than gold and silver are not used in circulation because the issue concerns low-value items that require a weight suitable for handling. If they were made of gold or silver, they would be too tiny; therefore, a cheap metal is used so the weight is suitable for use. This would not be achieved by using a more expensive metal in circulation.
As for the permissibility of adopting the Sharia-mandated currency from metals more expensive than gold and silver, such as platinum or precious gems like diamonds—this is not permissible. This is because the Sharia evidences that currency is gold and silver are well-known. It is not permissible for the equivalent in the Bayt al-Mal to be any other metal, even if it is more expensive than gold and silver, because the monetary equivalent is gold and silver according to Sharia rulings. Other metals are considered nothing more than ordinary commodities (sil'ah).