Islam has a comprehensive system for all affairs of
our life. Jurisprudential verdicts are available with regards to pure / impure
things, matters concerning worship like namaz and roza, matters regarding
marriage and divorce as well as matters pertaining to business transactions.
The very first mas’ala under this topic is thus :
“It is
recommended for a business man to learn the rules of daily transactions. In
fact, if due to ignorance, he may necessarily contradict the laws of Shariah,
then it is obligatory upon him to learn. Imam Ja'far Sadiq (A.S.) is reported
to have said: "A person who wishes to engage in business, should learn its
rules and laws, and if he makes any transaction without learning them, he may
suffer because of entering into a void or doubtful transactions". (Mas’ala
no. 2059)
So also, Ameerul Momineen
(a.s.) says :-
مَنِ اتَّجَرَ بِغَيْرِ فِقْهٍ فَقَدِ
ارْتَطَمَ فِي الرِّبَا
It is needless to say that ignorance of laws
would convert halal rizq into usury (interest) i.e. in to haram rizq. Halal
Rizq (sustenance) is very important and has an effect on all our Ibadaat &
the general spiritual status. Hence, before doing business the person is
required to know the Islamic Laws applicable. This will enable him to earn
Halal rizq for himself & his family. We need to remind the tradition of Imam Sadiq (a.s.),
wherein he said “The effect of Haraam
earning, show up in one’s offspring. [2]
There are 32 chapters under the chapter of
Muaamelaat (Transactions)
Let us have a look at the topcs covered in Tauzihul
Masael under the topic of Muaamelaat (Transactions)
|
Sr no
|
Topic
|
Sr no
|
Topic
|
|
1
|
Rules regarding purchase & sale
|
17
|
Rules regarding lease/rent
|
|
2
|
Mustahab acts
|
18
|
Conditions regarding the property given on lease
|
|
3
|
Makrooh transactions
|
19
|
Utilization of the property given on lease
|
|
4
|
Haraam transactions
|
20
|
Miscellaneous rules relating to lease/rent
|
|
5
|
Conditions of a seller & a buyer
|
21
|
Rules regarding Ju'ala (payment of reward)
|
|
6
|
Commodity & what is obtained in exchange
|
22
|
Rules regarding Muzari'ah
|
|
7
|
Formula of purchase & sale
|
23
|
Rules regarding Musaqat & Mugharisa
|
|
8
|
Purchase & sale of fruits
|
24
|
Rules of deposal or discretion over one's own property
|
|
9
|
Cash & Credit
|
25
|
Rules regarding agency (wakalat)
|
|
10
|
Conditions for contract by advance payment
|
26
|
Rules regarding debt or loan
|
|
11
|
Laws regarding advance payment contract
|
27
|
Rules regarding Hawala (transferring the debts etc)
|
|
12
|
Sale of gold & silver against gold & silver
|
28
|
Rules regarding mortgage (rahn)
|
|
13
|
When one has a right to cancel a transaction
|
29
|
Rules regarding Surety (zamanat)
|
|
14
|
Miscellaneous rules
|
30
|
Rules regarding personal guarantee for bail
|
|
15
|
Laws of partnership
|
31
|
Rules regarding deposit or custody or trust
|
|
16
|
Orders regarding compromise
|
32
|
Rules regarding borrowing lending (Ariyat)
|
Let us have a look at some of the issues :
1.
Mustahab
Acts
As per Fiqh, the below are the Mustahab acts which,
a businessman needs to always keep in mind at the time of sale and purchase, by
which he can attain barakat in his sustenance : -
a. One should
not discriminate between various buyers while charging for the commodities,
except in the case of poor people.
b. One should not
be adamant about the prices, unless one feels that one is being duped or
cheated.
c. One should give
a little more of the thing one sells, and should take a little less of the
thing which one buys.
d. If the buyer
regrets having purchased something, and wishes to return it, the seller should
accept it back.
2. Makrooh Transactions
Most Jurist (Fuqahaa’) hold the opinion in the
dislike of the below business transactions mentioned and the best thing is to
avoid them:
a. To
sell the land, except when one wishes to purchase another land with its
proceeds.
b. To be
a butcher.
c. To
make shroud selling one's vocation.
d. To
enter into transaction with people of low character.
e. To
transact a deal between the Fajr prayers and sunrise.
f. To
make it one's vocation to buy or sell wheat and barley, or other similar
commodities.
g. To
interfere in a deal being carried out by a Muslim, and make one's own offer.
3.
Haraam
Transactions
We should try to comprehend that our Rizq is destined by Allah,
the Almighty.
Therefore it is advised in many traditions that a person
should follow the middle path for acquiring wealth, because greed does not
increase sustenance of a person.
Imam Sadiq (as) has advised us in the following words :-
إِنَّ اللَّهَ عَزَّ وَ جَلَّ خَلَقَ
الْخَلْقَ وَ خَلَقَ مَعَهُمْ أَرْزَاقَهُمْ حَلَالًا طَيِّباً فَمَنْ تَنَاوَلَ
شَيْئاً مِنْهَا حَرَاماً قُصَّ بِهِ مِنْ ذَلِكَ الْحَلَالِ.
Allah, the Almighty
has created the creatures and with them , He has created their sustenance of
the lawful and good. If anyone acquires a certain amount of unlawful
sustenance, then the same amount is deducted from his lawful sustenance. [3]
So also, the Holy Prophet (s.a.w.a.) said : “If anyone acquires
wealth from unlawful means, the Almighty Allah will make him poor”[4]
Some of the Haram transactions listed in the Tauzihul Masael are :
2063. There are many Haraam deals and businesses, some
are mentioned below:
- To sale and purchase intoxicating beverages,
non-hunting dogs, pigs, an unslaughtered carcass (as a precaution).
- Sale and purchase of usurped property.
- Any transaction which involves interest.
- Sale and purchase of those things which are
usually utilised for haraam acts only, like, gambling tools.
- A
transaction which involves fraud or adulteration, like, when one commodity
is mixed with another and it is not possible to detect the adulteration,
nor does the seller inform the buyer about it, like, to sell ghee mixed
with fat. This act is called cheating (ghish) or adulteration.
2075.
Purchase and sale of instruments of entertainment like, guitar, lute and
harmonium etc., is haraam, and as a precaution, the same rule applies to the
small musical instruments made as toys for the children. However, there is no
harm in selling and purchasing instruments of common use, like, radio and tape-recorder, provided
that it is not intended to use it for haraam purposes
2078. It is haraam to purchase a
thing which has been acquired by means of gambling, theft, or a void
transaction, and if a person buys such a thing from a seller, he should return
it to its original owner.
2088. Father and son, husband and
wife can take interest from each other. Similarly, a Muslim can take interest
from a non-Muslim who is not under protection of Islam. But a transaction involving
interest with a non-Muslim who is under protection of Islam, is haraam. But
after the transaction is completed, and the deal is closed, if payment of
interest is permissible in the religion of that non-Muslim, a Muslim can
receive interest from him.
4.
Miscellaneous
Rules
In Islamic
Law, there any certain set of laws for a buyer and seller, which needs to
followed. We present a few of them :
1. One should avoid swearing
in the matter of transaction even if it is true.
2. To
tell the fact about the products, its defects etc.
3. Not
to over exaggerate the Quality of the product.
4. To
avoid certain people with whom business in not permitted.
5. Maintaining
Leniency with customers.
6. To
avoid cheating & giving less than due.
7. Avoiding
Bargaining.
8. Leniency
in selling and buying .
5. Laws of Partnership
Islam has
laid a great emphasis on partnership business.
Like any relationship,
a business partnership holds a great deal of promise. Hence it is necessary to
know the laws of Islamic Shariah and make all necessary Partnership deeds under
the laws of Islam, so as to avoid the possibility of any future
misunderstandings.
We present a few mas’alas regarding partnership :
2150. If two persons make an
agreement that they would trade with the goods jointly owned by them, and would
divide the profit between themselves, and if they pronounce a formula declaring
partnership, in Arabic or in any other language, or express their intention of
becoming each other's partner by conduct, the partnership will be valid.
2153. The
persons who become partners under the rules of partnership, must be adult and
sane, and should have intention and free Volition for becoming partners. They
should also be able to exercise discretion over their properties. Hence, if a
feeble-minded person who spends his wealth impudently, enters into partnership,
it is not in order, because such a person has no right of disposal over his
property.
2155. If it is agreed that the
entire profit will be appropriated by one person, or the entire loss will be
borne by one of them, that sort of partnership is a matter of Ishkal.
2160. If a partner who transacts
business with the capital of the partnership, sells and purchases things
contrary to the agreement made with him, or concludes transactions in a manner
which is not normal, because of the absence of any agreement, the transaction
made by him in both the cases will be correct and valid; but if such a
transaction results in a loss, or a part of wealth is squandered, then the
partner who has acted against the agreement, or the usual norm, will be
responsible for the loss.
2161. If a partner who trades
with the capital of the partnership, does not go beyond the bounds of his
authority, nor is he negligent in looking after the capital, yet unexpectedly
the entire capital or a part of it perishes, he is not responsible.
2162. If a partner who trades
with the capital of the partnership, declares that the capital has perished,
and if other partners trust him, they should accept his word. But if they do not
trust him, they can complain against him before the Mujtahid, who will decide
the case according to Islamic laws.
Lastly,
our beloved Holy Prophet (s.a.w.a.)
has advised us to avoid five habits in trade, else should not enter into it :-
مَن باعَ واشْتَرى فلْيَجْتَنِبْخَمسَ خِصالٍ، وإلّا فلا يَبيعَنَّ ولا
يَشْتَرِيَنَّ: الرِّبا، والحَلْفَ، وكِتْمانَ العَيبِ، والحمدَ إذا باعَ،
والذَّمَّ إذا اشْتَرى.
Whoever
sells or buys must avoid five habits, or he should not sell or buy at all:
usury, [false] oaths, hiding the defects [of merchandise], praising what he
sells, and showing disapproval for what he intends to buy. [5]
We end,
praying to Allah, the Almighty to give us taufeeq to read the relevant masails
as mentioned in the books of fiqh and practice on the same. May, Imam Zamana (a.t.f.s.)
help us earn halaal rizq and spend the same in his path.
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