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Objectives of Financial Transactions (2)
Author : Dr. Safwan Odaybat
Date Added : 09-02-2023

Objectives of Financial Transactions (2)

(In Light of Ibn Ashur`s Book "Maqasid Al-Shariah Al-Islamiyah")

 

Imam Tahir bin Ashur has excelled in deducing the objectives of financial transactions in Islam and clarifying that through general principles established and illustrated in his book along with providing examples. These have become a guideline for the researcher in the jurisprudence of transactions and rules to rely on when addressing emerging issues. Truly, his words deserve to be written with gold and this article and the one before it merely arrange and summarize Ibn Ashour`s objectives.

 

Preserving wealth is one of the total rules classified under necessities (Daruriyat) and is based on growing and circulating wealth, which is classified under needs (Hajiyat). 

In order for wealth to be considered as such, it must be valued based on five things:

1. It can be saved since that which cannot be saved cannot be used at the time it is needed.

2. It is desirable to collect since it is only desired to collect the wealth that is of benefit.

3. It is tradable since what isn`t tradable is not desired to be collected.

4. It is limited in amount since what is unlimited in amount, such as seas and sand, can`t be owned in specific; consequently, it isn`t considered a wealth.

5. It is earned since what isn`t earned is not of benefit. For example, things that occur spontaneously, such as picking up weeds that are useless and there is no desire to collect them.

 

Some financial transactions are due to ownership while some are due to gain:

 

1. Ownership. This term refers to the acquisition of property, such as buying a house for residence. There are three reasons for ownership:

A. It can be owned in particular, such as reviving arid land and owning it for that.

B. Farm leasing.

C. Exchange for compensation like a sale transaction.

One is free to dispose of one's property as long as he/she has the capacity to do so without causing harm to others and without infringing on the provisions of the Sharia.

 

2. Earning.  This term refers to working to secure one`s needs. For example, sharing agreements, such as Muzara'ah, an Arabic word for sharecropping: a partnership in crops whereby one party (the landowner) presents a piece of land to another (the agricultural worker) for the latter to cultivate and maintain in return for a common defined share in the crop. Another example is Mogharasa.

 

There are three principles for earning:

 

A. Earth. It includes anywhere that human action reaches in the globe.

B. Work. It is the means of extracting most of the Earth's benefits, and it is based on the soundness of the mind and the health of the body.

C. Capital. It is money saved for spending on what generates profits.

 

The objectives of Sharia concerning wealth are five:

1- Circulation. It refers to the circulation of wealth amongst people in a lawful manner, such as trade and other, as reflected in the following verse, whereas Allah, The Exalted Says (What means): "In order that it may not (merely) make a circuit between the wealthy among you." {Al-Hasher/ 7}.

 

Some means of preserving the circulation of wealth are: 

A- Contracts were legislated to transfer financial rights via commutation or donation.

B- The general rule in financial contracts is irrevocability without selection save with a condition.

C- Tolerating a bit of uncertainty in some contracts, such as Salam and Istisna`, out of facilitation. 

D- Making maintenances an obligation, such that given to the wife, encouraging donations and charities, and allowing spending on luxuries. All of this help support the lower and middle classes.

E- Facilitating transactions and favoring interest over potential corruption. Therefore, the presence of both compensations isn`t a condition to conclude a deal.

F- Dealing in gold and silver as an alternative for exchange to allow circulation. This indicates the wisdom behind the Prophet`s prohibiting men from using gold and silver, and that is leaving no room for the circulation of these two metals instead of keeping them and consequently minimizing their amount.

2- Documentation of financial rights, and this is why it is legislated to have witnesses and mortgage when borrowing money.

3- Preserving public and private wealth. Allah The Almighty Says {What means}: "O ye who believe! Eat not up your property among yourselves in vanities: But let there be amongst you Traffic and trade by mutual good-will: Nor kill (or destroy) yourselves: for verily God hath been to you Most Merciful!" {An-Nisa`/29}.

4- Proof of ownership.

The Sharia objective behind proof of ownership and earning is:

A- A person`s wealth is his/hers.

B- A person is free to dispose of his/her wealth without harming others nor transgressing against the provisions of Sharia.

C- It is forbidden to take someone`s wealth unjustly since the Messenger of Allah (PBUH) said: "If anyone revives dead land, it belongs to him, and the unjust root has no right." Malik explained, "The unjust root is whatever is taken, or planted without right."

5- Earning wealth justly.

There are four methods for making wealth in a lawful manner:

A- Work

B- Compensation

C- Donation

D- Inheritance

Aspects of justice as regards wealth are:

A- Preserving public interests

B- Warding off harm

A person`s freedom to dispose of his/her wealth is conditioned by not causing harm to others nor conflict with public interest.

 

* (This article is adapted from "Maqasid Al-Sharia Al-Islamiah", At-Tahir Bin Ashour, introduction by Hatim Bo Sama, Egyptian Book House, Cairo, Lebanese Book House, 1st floor, 2011, pp. 293-319)

The published article reflects the opinion of its author

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Summarized Fatawaa

What is incumbent upon the one offering the sacrifice if, after slaughtering the animal, they discover that one of its internal organs is damaged or diseased?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The presence of disease or defect in the internal organs of a sheep does not affect the validity of the sacrificial animal, unless the disease leads to the animal becoming emaciated and its meat becoming corrupted.
 
It is stated in al-Iqnā' (2/590) by Imam al-Shirbīnī: "The third disqualifying condition: an animal with a manifest illness — meaning one whose illness visibly results in emaciation and corruption of its meat. However, if the illness is minor and does not produce such effects, it doesn`t affect the validity of the sacrificed animal." And Allah Almighty knows best.

Must a person refrain from eating for the rest of the day if they break a fast of a vow (nadhr) or a make up fast (qada)?

 

Whoever observes a vowed fast (nadhr) or a makeup fast (qada) is prohibited from breaking it without a valid excuse. If they break it without a legitimate reason, they are sinful.
However, they are not required to refrain from eating for the rest of the day, because such restraint is only required out of respect for the month of Ramadan, not for other types of fasting.

Is it obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.
The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i] 
And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]
Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.

What is the ruling of Islamic Law on a menstruating woman (ḥā'iḍ) reciting the Islamic ruqyah (Qur'anic/spiritual healing)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible for a person in a state of janābah (major ritual impurity), or a menstruating woman (ḥā'iḍ), or a woman in postpartum bleeding (nufasā'), to recite for the purpose of ruqyah (spiritual/Qur'anic healing), even if this includes some verses of the Noble Qur'an — whether recited from memory or by looking at the Muṣ-ḥaf (the physical copy of the Qur'an) without touching or carrying it — provided that the intention behind the recitation is ruqyah, protection (taḥṣīn), and remembrance (dhikr), not the intention of tilāwah (Qur'anic recitation as an act of worship in itself). This remains permissible even if what is recited is an entire sūrah, such as Sūrat al-Mulk.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It is lawful for a person in janābah to utter its [the Qur'an's] remembrances and other content — such as its admonitions, its narratives, and its rulings — so long as it is not with the intention of [reciting] Qur'an. [This is] like his saying upon mounting [a vehicle]: 'Glory be to Him Who has subjected this to us, and we could never have accomplished this [by ourselves]' [Sūrat az-Zukhruf: 13] — meaning, [could never have] been capable of it — or upon a calamity: 'Indeed we belong to Allah, and indeed to Him we shall return'... In fact, my teacher, ash-Shihāb ar-Ramlī, issued a fatwā that even if he recited the entire Qur'an without the intention of [reciting] Qur'an, it would be permissible." [Summarized from Mughnī al-Muḥtāj, Vol. 1/P.217] And Allah, the Exalted, knows best.