Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

1. The kaffârah for zihâr is the same as that which was mentioned for fasting. There is no difference between the two. We have mentioned these masâ’il in detail in Part Three of Bahishti Zewar. Please refer to them. A few necessary matters which were not mentioned previously will be mentioned here.

August 4, 2010

The taking of loans

Bahishti Zewar, Economics, Fiqh, Part 5-Principles of Business

1. It is permissible to take loans of items which could be replaced, such as dry groceries, eggs, meat, etc. It is not permissible to take loans of items which are difficult to replace (i.e. it is difficult to obtain an exact replica of the item) such as, guavas, oranges, goats, fowls, etc.

2. At a time when 10 kilos of wheat was being sold for R10, you borrowed 5 kilos. Thereafter, the price of wheat dropped and 20 kilos of wheat began to be sold for R10. You will still have to give 5 kilos and not more. Similarly, if the price rises, you will still have to give 5 kilos.

June 9, 2010

Items sold by weight

Economics, Part 5-Principles of Business

1. We will now explain the rules with regard to items sold by weight, such as dry groceries, meat, steel, copper, vegetables, salt, etc. If a person wishes to exchange or purchase any of the above-mentioned items (or items that fall under this category) in exchange for the same item, e.g. he wishes to exchange wheat in return for wheat, rice in exchange for rice, flour in exchange for flour or any other similar item which is the same, then the rule in this regard is that it is wâjib to take the following two factors into consideration  :    (i) the weight of the item will have to be equal on both sides. Even the slightest difference in weight will not be permitted. If not, it will be regarded as interest. (ii) If the two parties do not take possession of the respective items, the minimum requirement is that the wheat of both should be kept separately.

June 6, 2010

Transactions based on Ribâ or Interest

Economics, Part 5-Principles of Business

There is a very major sin in conducting transactions which are based on ribâ or interest. The Quran and Hadîth have mentioned many harms and evils in this regard and have greatly emphasized abstention from such transactions. Rasûlullâh sallallâhu ‘alayhi wa sallam cursed the payer of interest, the receiver of interest, the person who acts as a proxy for such a transaction, the person who writes it down and the person who witnesses such a transaction. Rasûlullâh sallallâhu ‘alayhi wa sallam also added that the payer and receiver of interest are both equal in this crime. It is therefore necessary to be extremely cautious in abstaining from such transactions.

June 3, 2010

Invalid and improper transactions Part 2

Economics, Part 5-Principles of Business

11. A person purchased a cow on condition that it gives four litres of milk. This transaction is fâsid . However, if he did not specify any amount but merely made the condition that this cow gives a lot of milk, the transaction will be permissible.

12. A person purchased animate toys (such as dolls) for his children. This transaction is bâtil . Such toys have no value in the Sharî‘ah . Therefore, no price will be paid for them and if someone happens to break them, he will not have to pay any compensation.

June 1, 2010

Having knowledge of the item that is to be purchased

Economics, Part 5-Principles of Business

1. When purchasing dry groceries, seeds, etc. a person has the choice of purchasing it after having it properly weighed or he could say:   “I am buying a certain amount of wheat for R1.” Alternatively, he could purchase it as it is (i.e. without having it weighed nor specifying any amount) and say:    “I am buying this heap of wheat for R1.” No matter how much of wheat may be in that heap, all will belong to him (once he purchases it).

May 13, 2010

Paying Kaffarah on Breaking an Oath

Bahishti Zewar, Fiqh, Part 3-Fasting, Zakaat, Qurbani, Hajj etc.

1. If a person breaks his oath, he will have to pay a
kaffarah which comprises feeding 10 persons with two meals each. Alternatively,
he could give dry groceries to each poor person. When giving wheat, he should
give approximately one and half to two kilos. When giving barley, he should give
approximately three to four kilos. For the rest of the details connected to
feeding the poor refer to the chapter on kaffarah for fasting. This has been
mentioned previously.

August 31, 2008