Fiqh of Trade and Commerce – Part 2

(Under construction)

The Prophet (s.a.w.s.) said:

“There are seventy three different types of Ribaa_, the least of which is equivalent [in sin] to committing incest, and the worst of which is equivalent [in sin] to destroying the honour of a Muslim.”

(Ibn Maajah and Haakim)

– M. Tahir Farrath –

‘Aqd al-‘Eidaa’ (Deposit contract)
‘Aqd al-I’aarah (Simple loans/lending)

‘Aqd al-Wakaalah (Agency contract)
– Restricted
– Temporary
– Compensated
– Comprehensive
Shuruut for contracts
– Rights of Allaah
– Legal affairs
– Testimony
– Confession
– Debt-collection
– Debt-payment
– Common contrcat
– Public property
– Trading
Consultation agencies
Other agencies
De-commissioning the agent
– Apostasy
– Perished object
– Transfer of property
– Bankruptcy
– Traansgression
– Divorce

Al-Kafaalah (Guaranty/suretyship)
– Unrestricted
– Restricted
– Suspended
– Deferred
– Options
Seeking compensation
Letter of credit

Al-Hawaalah (Transfer of debt)
– Right to repayment
– Right of pursuit
Transfer-creditor disagreements
Compensation of transferee
Termination
– Voiding
– Bankruptcy
– Death
– Gift
– Charity
– Absolution

Ar-Rahn (Mortgage/collateral/pawning)
Pawned object
– Occupied properties
– Unidentified property
– Leased or lent non-fungibles
– Fungible liabilities
– Another’s property
– Perishables
– Fruit juices
– Religious books
– Indebted estate
– Pawning a pawned item
Growth of pawned property
Real estate
Pawning contract termination
Debtor-Creditor disputes

As-Sulh (Settlement)
Types of settlement
Settlement compensation conditions
Liability conditions
Right of claimant
Invalid settlements

Al-Ibraa’ (Absolution)
Al-Istihqaaq (Entitlement)
– Sale and barter
– Pawned object
– Joint property
– Lease and hire
– Settlemets
– Crop-sharing
– Effect of marriage
– Effect on wills and institutions/corporations
Sacrificial animals

Al-Muqaassah (Debt-Clearance)
Al-Ikraah (Coercion)
Al-Hajr (Interdiction/competence)

Al-Milkiyyah (Ownership)
Eligibility of ownership
Types of ownership
Partial ownership
– Personal ownership
– Easement rights
– Water rights
– Water-flow rights
– Passage rights
– Neighbouring rights
Total ownership
– claiming ownerless property
– Land reclamation
– Hunting
– Grass/forests
– Mining/treasure
– Ruling on minerals
– Succession
– Ownership-transfering
Private ownership
Land related rulings
– Conquered land
– Abandoned lands
– Treaty land
– Lands within an Islamic state
– Usefull land
– Owned wasteland
– Used/unused land wastelands
Land reclamation
Inaccessible land
Land distribution
Huquuq al-Irtifaaq (Easement rights)

Mukhaabara/Muzaara’ (Share-cropping
Musaaqaah/Mu’aamalah (Cornerstones)
– Eligible trees
– Fruits
– Watering and thending
– Work
Al-Qisma (Division)
– Land with buildings
– Vacant land and structure
– Easement rights
– Road closure
– Road size
– Road ownership
– Unequal shares in the road

Ghasb (Usurpation of Property)
Usurpation of immovable property
Usurpation of non-valued property
Returning
Growth in usurped property
usurped properties
Compensation for perished usurped properties

Al-Itlaaf (Destruction of property)
Al-Luqatah (Found property)
Ash-Shuf’a (Pre-emption)
– Vertical neighbourhood
– Easement rights of horizontal neighbourhood

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