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  • What are "trade relations" in Islamic law?

    In the world of Islamic law, the term "muamalat" encompasses a wide range of human relationships, going beyond just financial or trade ties. The nature of human connections can vary greatly, and scholars have divided "muamalat" into five main types:

    1. Trade exchanges: These include the purchase and sale of property, as well as rent. This is the relationship associated with property.

    2. Marriage and divorce: These are the legal arrangements between spouses.

    3. Litigation: This refers to legal disputes between individuals.

    4. Trust: This includes giving money for safekeeping.

    5. Hereditary relationships: These involve the passing of property down through generations.


    When studying Islamic law, it's crucial to be aware of specific terms to deepen your understanding. Not all cases and situations are covered in textbooks or books, and people often ask questions that have many nuances and can be confusing. If a jurist (faqih) does not have a deep understanding of Muslim law (fictional), they may not be able to provide the correct religious decision (fatwa).

    This is also true for sheikh-we who work in services during the Hajj. They issue fatwas on issues related to performing the Hajj. According to them, even students who seem to have learned everything often come across questions that were not included in the curriculum when they sit for exams.
    As the saying goes, "A man will benefit from knowledge only if he loves this knowledge."
    Let's now look at some terms that may appear in this chapter:

    1. Nawazil al-buyu: This refers to new things that did not exist before. They may be new in their essence or in some of their qualities. For example, in the context of trade, this could include the sale of shares. It also includes things that previously existed but have developed new qualities over time, such as different types of usury (fish).
    2. Al-fatwa: This refers to the situation where a seeker of knowledge conveys the religious opinion of a certain scientist on a particular issue without having studied it personally. When people ask him a question, he answers that he does not know the answer, but he knows the religious opinion (fatwa) of a respected scientist. This is possible if the seeker of knowledge is sure about the fatwa, and the fatwa itself must come from a truly respected scientist.

    Next, we should mention trade agreements (al-uqud al-malia), which can be classified based on three criteria:
    1. Classification of contracts based on religious judgments (hukma): This is when the religious opinion (hukm) is taken into account in relation to the agreement. This type of agreement is divided into two types:
    1.1 Valid contract (aqd sahih): This is a contract in which all conditions are present (al-shurut) and there are no impending circumstances (al-mawani). The consequences follow from this.
    1.2 Invalid contract (akd fasid): This is a contract that lacks some conditions or, on the contrary, has impending circumstances. This classification is followed by the majority of scholars of Islam.

    The adherents of the Hanafi school of law divide invalid contracts into three types: "aqd sahih" (valid contract), "akd fasid" (invalid contract), and "akd batyl" (insolvent contract). They have two types of invalid contracts: invalidative and insolvent.
    "AKD Batyl" (insolvent) refers to contracts where there are violations in the very basis of the contract and in its quality. "AKD fasid" (invalid) refers to those contracts that have been violated only by the properties of the contract, not its basis.
    When it comes to contracts, there is a difference between permissibility and reality. A contract may be valid because all conditions are present and there are no obstacles, but it is not permitted. For example, marriage with the intention of divorce is not allowed. A man marries a woman by entering into a marriage contract (nikah) with her guardian, but in his heart has the intention to divorce her after some time. This is called "marriage with the intention of divorce" and from the point of view of the presence of conditions and the absence of obstacles to communication, it is valid. There is a guardian, witnesses, consent, and certainty of spouses. Also, there are no impeding circumstances: the groom has no four wives, and the woman does not have a waiting period (iddah). However, at the same time, it remains unresolved.

    Why can't you get married this way? Because intention influences religious conclusion (hukm), because the Prophet, may Allah bless him and grant him peace, greets, said: "Truly, actions are judged by intention." In this case, he does not voice his intention, but his intention is still temporary, which is prohibited by Sharia law. Besides, this is a deception, and Sharia law prohibits deception, even in relation to food. When a person is good placed some of the food on top of the wet and rotten one, the Prophet, may Allah bless him and grant him peace, said:"He who deceives us is not one of us." And if it is impossible to deceive about food products, what is to speak about deception that concerns people's honor. After all, he marries with the intention of getting divorced, and if they knew about his intention, then it would already be temporary marriage. After all, the father gives his daughter away with the expectation that this marriage will be permanent, and having learned that it will be temporary, he would not give up his daughter.

    It is also impossible because it is a harm to a woman. It's one thing when you marry a woman who was not yet married, that is, a virgin, but it's another matter when the woman has been married. It is also impossible because it contributes to bad feelings about Muslims and harms the Islamic call. How many complaints are there that Muslims, when they come to Muslim countries for some time, first marry and then get divorced? And there are many known cases when women accepted Islam and then left it because of such divorces.

    2. Classification of contracts from the point of view of essence (haqiqa): This type of contract, in turn, is divided into five types:
    2.1 Exchange contract (uqud al-muawa dod): This is when one party provides something to the other, for example, a sales contract (al-bey) or a lease agreement (al-ijara). The essence of these agreements is exchange.
    2.2 Donation agreements in which there is no mutual exchange (ukudat-tabarruat): This group of contracts includes a gift (khadiya) and awards (muqafa). Such contracts are broader than exchange contracts, and the same conditions do not apply here as in the exchange agreement. In the agreement of donations, uncertainty is acceptable, while in the contract of buying and selling, uncertainty is not. For example, it is impossible to carry out a trade transaction on the basis of words: "I sell you what I have in my pocket for what" What's in your pocket? Another example is one person asking another to sell his car for 10 thousand, and everything above that amount leaves him. If this is from the exchange agreements, then there is someone who works and gets paid for it, then such an agreement is invalid, since it is unknown what amount will be on top. And Sharia, as we know, pre-there is no such thing as"niyza"(the emergence of disagreements). Uncertainty in exchange contracts or lease makes them invalid. And if this is a relation-refers to remuneration rather than to exchange contracts, then if a person agrees to sell a car for free, then it is possible.
    2.3 Contract of leniency (uqud al-irfaq): The essence of these agreements is that they imply providing assistance to a person. This includes"al-card", that is, lending money.
    2.4 Contracts of assurance (uqudat-tawsiqad): This is a group of contracts in which the property itself is not the goal, and the goal is to reinforce, consolidate, or certify some other agreement. An example of such contracts is a pledge. For example, the sale of land for 100 thousands for one year with installments, but with the condition that the guy leaves his car as collateral, or your home. This is a mortgage agreement, and it refers to the contract of assurance.
    2.5 Agreement on transfer for safekeeping (ukud al-ama-nat): That is, when something is given to someone for safekeeping.
    3. Classification of contracts in terms of effect and consequences of the contract: This type of contract is divided into two types:
    3.1 Binding contract (lyazima): This is when both parties are obliged to fulfill this agreement. They are not allowed to unilaterally terminate or enter into an agreement without the consent of the other party. For example, a contract of sale that sells a car for $ 10,000 has taken place and has become binding on both parties. In this case, neither the seller nor the buyer can terminate it unilaterally if the machine is not defective, etc.A contract may be binding for one party and non-binding for the other (ja'iz). For example, a pledge agreement, when the seller sold the land to the buyer for 100 thousand in installments, and asked for his car as collateral. After that, the buyer is bound by this agreement and cannot terminate it unilaterally, and the seller may not take a deposit.
    3.2) A non-binding contract (jaiz): This is when the contract is allowed to be performed by each of the parties to the contract, but is not mandatory. For example, it can be a contract of authorization (al-waqal), when one party has authorized the other to sell some property, or a partnership agreement. Such agreements are allowed to be implemented by both parties. This type of contract includes a cooperation agreement (contract), in which one party may terminate the agreement without the consent of the other party, provided that the other party does not suffer any damage.
    Tags: shariah finance, trade relations
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