The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No. 2009- ‘Ārīyah (lending) means that a person gives his property to another person for temporary use without taking anything in exchange.

Issue No. 2175- Usurpation means that a person unjustly seizes the property or the right of another person. This is one of the major sins and one who commits it will be subjected to severe chastisement on the Day of Judgment, and painful consequences in this world. It has been reported from the Holy Prophet (pbuh) that “whoever usurps one span of another’s land, seven layers of that land will be put round his neck like a yoke on the Day of Judgment” [1].

Issue No.1928- Ju‘ālah means that a person promises that if a particular work is completed for him, he will give him a specified amount for it. For example, he declares that if anyone recovers his lost property, he will give him £100.00. One who makes such a declaration is called the rewarder (jā‘il), and the person who carries out that work is called the executor (‘āmil). The difference between Ju‘ālah and hiring is that in the case of “hiring” the hired person is bound to do the job after agreement, and the hirer becomes indebted to the hired person for his wages, whereas in the case of Ju‘ālah, the person who agrees to do the job is at liberty to abandon it if he wishes so, and unless he completes the job assigned, the person who declared the reward or payment does not become indebted to him.

Issue No.1985- If a person has a right on someone else (for example, he is owed a debt, penalty, blood money, or any other right), or he claims a right which is acceptable, and if another person accepts to be personal surety for the defendant so that the owner of the right or the plaintiff let him go free and when the creditor or the plaintiff asks for the defendant, he (the bailsman) takes the responsibility for the appearance of the defendant before him, this agreement is called kafālah (bail agreement) and the person who accepts such a responsibility is called the kafīl (bailsman).

Issue No.1964- Mortgage means that a debtor deposits some of his property with the creditor so that, if the debtor does not repay the debt, the creditor may retrieve his debt out of that property.

Issue No.1897- If a person hands over his fruit trees to someone for a specified period of time, so that he cares, tends and waters them, and in return, that person may receive a quantity of fruits, this transaction is called musāqāt.

Issue No.21- Water is either pure or mixed. Mixed water (Ma 'ul muzaf) means the water which is accompanied by a modifying word such as fruit juice, salt water, or rose water. Any water other than mixed water is called pure water (Ma'ul mutlaq).

Issue No.1887- Sharecropping means that the landowner agrees to hand over his land to a farmer so that he would cultivate it, in return for a specific share of the crop produced on the land. The Sharecropping contract can be concluded verbally – for example, the landowner says, “I hand over to you this land in return for one-third of its crop for a period of two years”, and the farmer says, “I accept”, and the contract is in order. It would also be in order, if the landowner [without the formula being pronounced] hands over the land to the farmer and he receives it. (Of course, the necessary talks about the duration of the contract and the landowner's proportion, etc., should have taken place earlier).

Issue No.1850- The lease contract is an agreement under which someone rents out himself or his property to someone else. The person who gives something on lease as well as the person who takes it on lease should be mature and sane, should conclude the agreement with intention and out of free will, and they should legally be allowed to utilize their properties. Hence, it would be invalid to enter a contract with a mentally incompetent individual who is not able to manage his/her properties properly and uses them wastefully.

Issue No.1802- In-advance payment transaction means that a buyer pays the price of a commodity, and receives it later. Hence, the transaction will be in order, if for example, the buyer says, “I am paying this amount so that I may receive such and such commodity after six months”, and if the seller says, “I have accepted”, it will be sufficient even if no formula is pronounced, and the buyer pays the money with this intention, and the seller takes it.

Issue No.1952- One can give a sum of money to another person so that he may get less from his representative in another city and this is as if a person has exempted another from a portion of his dues to him. However, if he gives some money with the condition that after some time, he will take a larger amount from him in another town or city, for example, he gives £1000.00 to him and receives £1100.00 from him in another town, it is usury and haram.

Issue No.1840- To Compromise means coming to terms with someone in the matters of dispute between them or issues that might lead to dispute or quarrel, by giving up a part of his own property, profit gained from it or his own right, or by waiving debt or rights, while the other may also do the same. This is called ‘to compromise in exchange for something’, and if it is done without claiming anything in return, it is called ‘to compromise not in exchange for something’, and both of these compromises will be in order.