Question Summary:
Fatwa # 37116 Clarification

Question Detail:

Salam, Regarding http://askimam.org/public/question_detail/37116 Jazak-Allah khair for your reply. Please could i get some calarificatiom on the following, Insha'Allah. Founded in 2000, Protonex is a private company headquartered in Southborough, Massachusetts and currently has 53 employees and approximately 100 patents granted and pending in power management solutions, proton exchange membrane (PEM) fuel cells and solid oxide fuel cells (SOFC), which generate clean energy from readily available fuels such as propane, natural gas, or diesel. Protonex is the leading provider of intelligent power management products to the U.S. military, having deployed thousands of SPM (Squad Power Manager) and VPM (Vest Power Manager) alternative energy kits to U.S. Army, U.S. Navy, U.S. Marine Corp, U.S. Air Force, U.S. Special Operations Command and U.S. National Guard, as well as to coalition partners worldwide. Ballard acquired this company some years ago. When I invested in Ballard, Protonex had not been acquired. Ballard was making fuel cells for other applications, such as automobile, stationary power etc. With the acquisition of Protonex is it not acceptable for me to work out how much money is coming in from Protonex ( as it is a subsidiary company help by Ballard) and use the money to give to those Muslims lands which have been impacted by military intervention? As alluded to I have no interest in Protonex. My interest is in Ballard main business which is making fuel cells for buses and telecoms backup. I was in this business years before the acquisition of Protonex as a subsidiary. Your advice will be very helpful towards my decision. Salam

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
 
The fundamental point of consideration is the avenue of investment. Protonex manufactures military aids which could be used in unjust causes.
 
Allah Ta’ala says:
 
ولَا تَعَاوَنُواْ عَلَى ٱلۡإِثۡمِ وَٱلۡعُدۡوَٲنِ‌ۚ 
 
Translation: And do not help one another in sin and transgression. (Surah al-Maidah – Ayah: 2)
 
As Muslims, we are duty-bound to establish and propagate peace. We are averse to oppression and being accomplices to oppression and injustice.
 
You may consider two options. Maintain your shares in Ballard and dispose of the dividends earned from Protonex by giving it in Sadaqah to the poor and needy anywhere or sell your shares in Ballard and invest elsewhere. The dividends earned through Protonex may be given in Sadaqah to the poor and needy anywhere. [1]

Mufti Ebrahim Desai.