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 parties that may be unusual or even haram (prohibited), such as a dog care foundation or nightclubs?
Question Two:
In most of our leaflets and books regarding currency, we mentioned that it will be gold and silver, whether in specie or backed paper. It was mentioned in the book Al-Amwal (The Funds) by Sheikh Abdul Qadim Zallum (may Allah have mercy on him) on 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 a currency backed by other precious metals alongside gold and silver, such as platinum, or precious gems like diamonds and others?
Answer to the First Question:
If the transaction between the non-Muslim testator and the Muslim lawyer is a contract of hiring (ijarah) to write a will as dictated by the non-Muslim to the hired Muslim writer, then this is a contract for the service of writing a will. The lawyer writes what the non-Muslim dictates and then takes his fee, having no further connection to the subject of the will. If this is the case, it is permissible, provided that nothing against the Islamic aqeedah (creed) is mentioned in the will. Writing something against the Islamic creed carries the same ruling as uttering it, which is not permissible. Nevertheless, it is better 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 to these rulings contained in the non-Muslim’s will.
However, if the transaction between the testator and the lawyer is one of agency (wakalah)—meaning the lawyer is an agent for the testator who carries out the execution of the will, contacts the relevant parties, informs them of it, and performs the execution procedures as an agent—then it is not permissible. In this case, he would be executing a will that contradicts the rulings of the Sharia which the Muslim believes in.
Answer to the Second Question:
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 for it in the Bayt al-Mal (State Treasury).
It is possible to use cheap metals for muhaqqarat al-ashya’ (small, trivial items), such as copper, as mentioned in the book Al-Amwal. This is because minting units of gold or silver for trivial items would result in a very small weight that is not durable for use or suitable for circulation. Therefore, they are minted from cheaper metals like copper, or gold and silver of very small weight are mixed with a large proportion of a cheap metal so that the alloy becomes of a weight suitable for circulation when purchasing very cheap things.
It is stated in the book Al-Amwal:
"...The State also mints smaller units than that, from silver, to facilitate obtaining muhaqqarat al-ashya’ (small, trivial items). Given that the silver content of these units is small and difficult to handle as pure coins, specific parts of non-precious metals are added to it, provided that the weight ratio of silver in the minted units is clarified in a way that prevents any confusion."
Thus, Muslims followed the gold and silver standard, i.e., the bimetallic standard. In the late Abbasid period and during the Atabeg period in Egypt, Muslims minted copper coins alongside gold and silver to purchase trivial items, considering that the intrinsic value of copper is low. It was not a representative of gold and silver but stood on its own, relying on its value as copper; therefore, it was for purchasing trivial items.
Thus, the metals used other than gold and silver are usually of the cheap type. Precious metals more expensive than gold and silver are not used in circulation because the purpose is for trivial items that require a weight suitable for handling. If it were made of gold or silver, it would be too small; therefore, a cheap metal is used so the weight is suitable for use, and this would not be achieved by using a more expensive metal in circulation.
As for the permissibility of adopting Sharia currency from metals more expensive than gold and silver, such as platinum or precious gems like diamonds, it is not permissible. This is because the Sharia evidences (adilla) that currency is gold and silver are well-known. It is not permissible for the reserve in the Bayt al-Mal to be any other metal, even if it is more expensive than gold and silver, because the monetary reserve is gold and silver according to the Sharia rulings, and other metals are nothing more than a commodity (sil'ah).