SUB-PART ONE
Unit Three
Purchase and Sale
Al-Mo‘āweāt
Mo‘āweāt (derived from ta‘wī, which is compensation) are the transactions in which the ownership is based on compensating the other party, i.e. by exchanging one asset for another, something which is the aim of bay‘ (sale) and ol (a sort of umbrella transaction that may cover purchase, sale, gifts, loans etc) both of which will be detailed in separate sections.
Prelude: Forbidden trading
Before that, it is necessary to discuss what God has prohibited trading in by purchase and sale etc, the assets and the things associated with them.
First: Moskirāt
986. It is absolutely forbidden to trade in substances that cause drunkenness (or loss of one’s normal mental awareness), whether manufactured as a fluid – including foqā‘ which is known as beer – or solid which is known as drugs (mokheddirāt). The exception to this are drugs used for medical use, something which is regarded as essential benefits, in which case it is allowed to trade in them under the supervision and advice of the just authority.
Second: Inherently-impure things
987. It is forbidden to trade in things that come under this category as follows:
a- Dogs, which are of two types:
1- Dogs that have an allowed benefit sought after by people, such as hunting dogs, guard dogs, dogs used by police detectives etc – it is allowed to trade in this type.
2- Dogs that have no benefit, such as aggressive, unruly dogs – it is not allowed to trade in these through sale or other means.
b- Impure dead animals, which can also be divided into dead animals that have an allowed benefit sought after by people so it is allowed to trade in them(such as using them as food for animals or fertilisers for crops), while some are not benefited from except as forbidden food, in this case it is allowed to sell them to people whose shari’ah allows them to eat it, although it is better to abstain from that; but if their Shari’ah does not allow it, it is then an obligatory precaution not to sell it to them.
However, pure dead animals, such as dead snakes, fish or the like, are allowed to be sold even if they do not have an appreciable allowed benefit, although it is better to abstain from getting involved in any form of exchange (mo‘āwadah) when there is no benefit in them.
c- Pigs, which it is forbidden to trade in with people, Muslims and followers of other religions that do not allow (i.e. their shari’ah does not allow) eating it(s meat, i.e. pork), even if it has a sought-after allowed benefit. Selling pork to those who have it allowed (in their shari’ah), however, is allowed, although it is better to abstain from it, both where the benefits are allowed or prohibited.
But although it is allowed to sell pork to these people, it is an obligatory precaution not allowed for the Muslim to purchase it for the purpose of selling it to them, so one’s ownership of pigs is to be limited to hunting, rearing and the like.
d- The rest of the inherently-impure things, such as blood and excrement: it is allowed to trade in these if this is for a sought after allowed benefit, such as blood for treatment and excrement for fertilisation, otherwise it is not allowed.
988. The person who has such things under his disposal/control will have what is called haqq al-Ikhtisās (right of jurisdiction/authority), thus it is not allowed for others to take them from him by force or misappropriation; he is also allowed to transfer them to others in exchange for money paid to him, so as to take the thing out of his disposal/control, but not as an exchange for his jurisdiction/authority, as an obligatory precaution.
989. It is allowed to sell inherently-impure things that can be purified, also ones that are not suitable for purification when benefiting from them does not depend on purity and where its benefit is allowed and commonly appreciated, otherwise it is not allowed to sell it as an obligatory precaution.
990. It is obligatory on the seller to inform the buyer about the impurity of an impure thing if the buyer is going to use it for acts that subject him to binding prohibitive duty, such as using them for eating and drinking, or that subject him to violation of a binding obligatory duty, such as using impure water for ablution or washing for obligatory prayers – this is if the buyer is one who cares about his religious obligations so that it is probable that the consequences of the Shari’ah will take effect, otherwise it is not obligatory to inform him.
Third: Tools limited to forbidden usage
991. It is forbidden to trade in tools that are used specifically for forbidden activities, such as gambling tools the usage of which is limited to forbidden betting, or instruments used for playing forbidden music, also whatever forms part of the rituals of atheistic beliefs and false religions, such as idols and the like or things exclusive to them and showing, through their usage, false beliefs.
Fourth: Miscellaneous things
992. It is forbidden to sell anything which has a forbidden goal in such a way that the contract is based on it, such as selling grapes to be made alcoholic drink, with no distinction between having the agreement of the contracting parties within the contract or outside it, so if the agreement about this was like a condition not a binding provision, in this case the sale is valid but the condition invalid, and the person making this the condition has sinned. However, if there is no agreement, then it is allowed even if the seller knows that his product will be used for forbidden things. That said, if the forbidden aim forms part of infidel rituals, selling them is absolutely forbidden.
993. It is allowed to sell the Holy Qur’an to Muslims, although it is better to make the transaction on things like the cover not the Qur’an itself, or to give it away as an exchanged gift, not as sold goods. It is also allowed to sell it to non-Muslims if the seller thinks it probable that the buyer is going to embrace Islam through it, or if it will introduce him to the Qur’anic facts as a means to correct his misinformation on Islam, something which may guide him to Islam or prevent the intellectual war on Islam.
994. It is forbidden for a person to sell or buy books of deviation or the like if he thinks it probable that he, or others, may become deviant because of them, but it is allowed when safety from that is secured, or when there exists a more important interest, such as exposing these thoughts and innovations and warning against them.
995. Cheating is forbidden when practising trade – it was narrated that the Prophet (sawa) said: ‘Whoever cheats his Muslim brother, Allah (will) take away his bounty’s blessings, (will) close on him his livelihood and (will) leave him to himself (i.e. stop His care.)’
996. Monopoly in any essential commodity is forbidden, as its absence leads to people getting into intense difficulty, harm and pain; this applies to wheat, rice, salt, cooking utensils and the like which are regarded as part of the maintenance or prerequisites of human life; also things that it is hard to do without, such as fuel, medicines and the like, the importance of which may differ according to the time and place.
Section 1: Purchase and Sale (Al-Biyū’)
Chapter 1: Cash sale (al-Bay‘ an-Naqdi)
(A) Form and conditions
(B) Commitment and revocation
Addition in iqālah (agreed invalidation)
Chapter 2: Postponed-payment sale
Chapter 3: Lending sale
Chapter 4: Transaction interest (ribā)
(A) Selling things measured
by weight and measure (measuring vessel)
(B) Exchange sale
Section 2: Mutual Agreement