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Shari'ah Compliant Business Campaign - 2006 [transcript]
As Muslims, we do know interest is Haraam, but if we have sufficient
knowledge of the background of the prohibition of interest and the core
principles of interest, then it will be easier for us to abstain from interest.
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Business Laws
- (Option) Condition of Taking an Appro
Q: If the article is destroyed in the hands of the buyer in
the condition that he placed the condition of option, who then is responsible
for this destroyed article?
A: The responsibility is the buyers and the article is destroyed with
its value. This means that the buyer must fulfill to the seller the agreed price
of sale.
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General
Business Laws
Q: What is (the definition of) a transaction of sale?
A: It is the exchange of one commodity for another commodity with the
(happy) consent of the transactors.
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Islamic
Banking and Finance in the United States - report by Mufti Desai
The above is a summary of my Islamic Banking travel in the US. The purpose is
to inform the Ummah about the zeal and enthusiasm in the Ummah regarding
Shari’ah compliancy in business and financing. Rasulullah [sallallaahu alayhi
wasallam] said, ‘For every Ummah, there is a test and the test of my Ummah is
wealth.’
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Report
on the Shari'ah Compliance of Products
In brief, let the financial community know that the Muslim community will only
support the product that has the backing of the Ulama, who themselves should be
those dedicated to the Sunnah.
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Mudhaarabah
"Mudarabah" is a special kind of partnership where one partner gives money to
another for investing it in a commercial enterprise. The investment comes from
the first partner who is called 'rabb-ul-mal’, while the management and work is
an exclusive responsibility of the other, who is called ‘mudarib’.
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Diminishing Mushaarakah
According to this concept, a financier and his client
participate either in the joint ownership of a property or an
equipment, or in a joint commercial enterprise. The share of the
financier is further divided into a number of units and it is
understood that the client will purchase the units of the share of the
financier one by one periodically
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Make
Your Business Shari'a Compliant III - 2004
If a person has no source of income, and he has to
support himself and his dependants, then it is Fardh for him to earn
an income. If a person does not earn an income and his dependants
suffer, then he will be sinful for neglecting a Fardh act. It is
Haraam (prohibited) to earn an income to express pride and arrogance.
It is Mustahabb (desirable) to earn an income to fufil needs of the
poor and needy and support the course of Islam. It is Mubaah
(permissible) to earn an income to maintain one’s dignity and honour
and avoid begging.
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Make Your Business Shari'ah
Compliant II - 2003
In conclusion, I leave you with a parting comment. If our pledge is sincere, Allah will assist us in making our
businesses Shari'ah Compliant and putting Barakah in our business. May Allah
Ta'ala accept this campaign and give us Tawfeeq to make our business Shari'ah
Compliant, Aameen.
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Make your
Business Shari'ah Compliant I - 2002
On the day of Qiyaamat, every individual will be asked
5 questions. One is about wealth, ‘where did you earn your income and
where you spent it.’ The fact that we will be asked about our income
in such a crucial stage shows how important it is to earn Halaal
income. Our salvation lies in that. The acceptance of our Ibaadat is
dependant on that.
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Defective Contracts
A contract can be afflicted by a number of defects that may
render it invalid or incapable of generating its intended results intended for
it by the shar'iah. These defects, which may inflict the will of the
contractors, are generally due to four things: Mistakes, Coercion, Unfairness,
Deception
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Property Damage
Allah, subhanahu wa ta'aala, has prohibited aggression against
the properties of other people and against taking it without rightful cause, and
held as liable any person who damages other people's properties without rightful
cause even if it were done by mistake. Therefore, anyone who damages the lawful
property of the others without their permission will be held liable for
retribution.
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Rulings on Partnership of Mudharabah
This means they go from one place to another to search for or
seek Allah's sustenance in trade or business. Mudharabah within Islamic law
indicates the payment of a specific amount of money to a person who uses it for
business and makes a profit from it. This form of a contract is permissible
according to ijmaa' (consensus). It was present at the time of the Prophet
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Rules of Guarantee
Dhaman in Islamic law means "to meet someone else's obligation
and to maintain a guarantee for that." This is similar to stating, "whatever you
gave so-and-so will be on me." Dhaman is permissible as indicated in the Qur'an,
Sunnah and by ijmaa
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Importance of Earning Halaal Income
Earning a halaal livelihood is a command of Allah and the responsibility of
every man. Hazrath Anas [radhiallaahu anhu] reports that Rasulullah [sallallaahu
alayhi wasallam] has said: "It is a bounded duty upon every Muslim to earn a
halaal livelihood." Earning halaal saves one from begging, consuming haraam and doubtful things
which are truly harmful.
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Contracts in
Trading
It is the most important and the most common of all the
contracts, because it is needed and used by most people, therefore it
is important to give special attention to the rules of Shari’ah
concerning it.
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Don't get Burned
- Financial Prohibitions in Islam
Stocks, bonds, T-bills, money market accounts,
certificates of deposits, variable-interest checking and saving
accounts, as well as a plethora of other financial jargons that have
now become a reality in the life of many among us, have made earning
and saving our money much more complicated than it used to be...
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Kafaalah (Surety)
At times, a person requires to take a loan, but the
lenders fear that the borrower may not be able to repay the debt or
pay timeously. The lender is prepared to advance a loan on condition
the borrower offers a guarantor. The borrower then requests a third
party to stand guarantee for him, and he (the third person) agrees
that if the borrower fails to pay, then he himself will pay the debt.
Now the lender has peace of mind that he will recover his loan.
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Wakaalah (Agency or
Power of Attorney)
In a person's life, there are many things that a person
is unable to do himself, due to various reasons. He may not have the
necessary skills to do it himself, for example, business, hiring, etc.
or he is busy, so he has to seek another person's assistance. Or it
may be that the work is so extensive and involved that it is beyond
the capacity of one person to do it, so he has to share the work with
someone else. Therefore, the Shari'ah grants permission for Wakaalah.
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Ijaarah (Hiring)
Ijaarah is a basic necessity of human life. If a person
wants to build a house, he may have the necessary money on hand, he
may own the land. But he will require the services of an architect,
builder and workers to build the house. A man may own fabric, but he
will require the services of a tailor to sew his clothes. Many times
it is difficult for a person to wash his own clothes because of time
or because the fabric needs special care so he has to use the services
of a laundry.
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Kitaabul Hawaalah (Transferral
of Debts)
'To transfer the debt from the debtor to the Muhtaal
Alayhi (Haashiya Hidaaya).' (Hashiya Hidaaya) Example, Zayd owes Umar
R1000. Zayd requests Bakr to pay the debt for him and he (Bakr)
accepts the responsibility. Zayd is the Muheel, Umar is Muhtaal, Bakr
is Muhtaal Alayhi and the R1000 is Muhtaal bihi
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A Muslim's Income
and Expenditure Account
Ways and means of income, earning one's livelihood and
spending such income should conform with the Shari'ah. Hadhrat Ibn
Mas'ood (Radhlyallaho anho) narrates that Rasulullah (Sallallaho
alaihe wasallam) said: "On the Day of Qiyaamah no one will be able to
move (on the occasion of Hisaab Reckoning) until a reckoning of five
things has not been taken..."
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On Loaning
Qardh is a form of kindness. The Prophet, sallallaahu
alayhe wasallam, called it maneehah (i.e., a present or an act of
kindness) because the borrower benefits from it and then returns it to
the lender.
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Prohibited Sales
The Prophet, sallallaahu alayhe wasallam, prohibited
some forms of sales that people were known to use during his time. The
wisdom behind this prohibition of some sales is to facilitate ease for
people and not to increase prices for them. Also, it is designed to
stop sales that might include risk or trickery and eliminate any sale
that might instigate hatred and enmity amongst people.