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Objectives of Financial Transactions (2)
Author : Dr. Safwan Odaybat
Date Added : 09-02-2023

Objectives of Financial Transactions (2)

(In Light of Ibn Ashur`s Book "Maqasid Al-Shariah Al-Islamiyah")

 

Imam Tahir bin Ashur has excelled in deducing the objectives of financial transactions in Islam and clarifying that through general principles established and illustrated in his book along with providing examples. These have become a guideline for the researcher in the jurisprudence of transactions and rules to rely on when addressing emerging issues. Truly, his words deserve to be written with gold and this article and the one before it merely arrange and summarize Ibn Ashour`s objectives.

 

Preserving wealth is one of the total rules classified under necessities (Daruriyat) and is based on growing and circulating wealth, which is classified under needs (Hajiyat). 

In order for wealth to be considered as such, it must be valued based on five things:

1. It can be saved since that which cannot be saved cannot be used at the time it is needed.

2. It is desirable to collect since it is only desired to collect the wealth that is of benefit.

3. It is tradable since what isn`t tradable is not desired to be collected.

4. It is limited in amount since what is unlimited in amount, such as seas and sand, can`t be owned in specific; consequently, it isn`t considered a wealth.

5. It is earned since what isn`t earned is not of benefit. For example, things that occur spontaneously, such as picking up weeds that are useless and there is no desire to collect them.

 

Some financial transactions are due to ownership while some are due to gain:

 

1. Ownership. This term refers to the acquisition of property, such as buying a house for residence. There are three reasons for ownership:

A. It can be owned in particular, such as reviving arid land and owning it for that.

B. Farm leasing.

C. Exchange for compensation like a sale transaction.

One is free to dispose of one's property as long as he/she has the capacity to do so without causing harm to others and without infringing on the provisions of the Sharia.

 

2. Earning.  This term refers to working to secure one`s needs. For example, sharing agreements, such as Muzara'ah, an Arabic word for sharecropping: a partnership in crops whereby one party (the landowner) presents a piece of land to another (the agricultural worker) for the latter to cultivate and maintain in return for a common defined share in the crop. Another example is Mogharasa.

 

There are three principles for earning:

 

A. Earth. It includes anywhere that human action reaches in the globe.

B. Work. It is the means of extracting most of the Earth's benefits, and it is based on the soundness of the mind and the health of the body.

C. Capital. It is money saved for spending on what generates profits.

 

The objectives of Sharia concerning wealth are five:

1- Circulation. It refers to the circulation of wealth amongst people in a lawful manner, such as trade and other, as reflected in the following verse, whereas Allah, The Exalted Says (What means): "In order that it may not (merely) make a circuit between the wealthy among you." {Al-Hasher/ 7}.

 

Some means of preserving the circulation of wealth are: 

A- Contracts were legislated to transfer financial rights via commutation or donation.

B- The general rule in financial contracts is irrevocability without selection save with a condition.

C- Tolerating a bit of uncertainty in some contracts, such as Salam and Istisna`, out of facilitation. 

D- Making maintenances an obligation, such that given to the wife, encouraging donations and charities, and allowing spending on luxuries. All of this help support the lower and middle classes.

E- Facilitating transactions and favoring interest over potential corruption. Therefore, the presence of both compensations isn`t a condition to conclude a deal.

F- Dealing in gold and silver as an alternative for exchange to allow circulation. This indicates the wisdom behind the Prophet`s prohibiting men from using gold and silver, and that is leaving no room for the circulation of these two metals instead of keeping them and consequently minimizing their amount.

2- Documentation of financial rights, and this is why it is legislated to have witnesses and mortgage when borrowing money.

3- Preserving public and private wealth. Allah The Almighty Says {What means}: "O ye who believe! Eat not up your property among yourselves in vanities: But let there be amongst you Traffic and trade by mutual good-will: Nor kill (or destroy) yourselves: for verily God hath been to you Most Merciful!" {An-Nisa`/29}.

4- Proof of ownership.

The Sharia objective behind proof of ownership and earning is:

A- A person`s wealth is his/hers.

B- A person is free to dispose of his/her wealth without harming others nor transgressing against the provisions of Sharia.

C- It is forbidden to take someone`s wealth unjustly since the Messenger of Allah (PBUH) said: "If anyone revives dead land, it belongs to him, and the unjust root has no right." Malik explained, "The unjust root is whatever is taken, or planted without right."

5- Earning wealth justly.

There are four methods for making wealth in a lawful manner:

A- Work

B- Compensation

C- Donation

D- Inheritance

Aspects of justice as regards wealth are:

A- Preserving public interests

B- Warding off harm

A person`s freedom to dispose of his/her wealth is conditioned by not causing harm to others nor conflict with public interest.

 

* (This article is adapted from "Maqasid Al-Sharia Al-Islamiah", At-Tahir Bin Ashour, introduction by Hatim Bo Sama, Egyptian Book House, Cairo, Lebanese Book House, 1st floor, 2011, pp. 293-319)

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling of Islamic Law on sitting between the two prostrations, and what is the ruling on the dhikr recited during it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
Sitting between the two prostrations (al-jalsah bayna al-sajdatayn) is one of the pillars (arkān) of the prayer, while the dhikr recited during it is Sunnah according to the Shāfi'ī scholars. It is recommended (mustahabb) to say what was narrated from Ibn 'Abbās (may Allah be pleased with him), who said: "The Messenger of Allah (peace and blessings be upon him) used to say between the two prostrations in the night prayer: 'Rabbi ighfir lī, warhamnī, wajburnī, warzuqnī, warfa'nī' (My Lord, forgive me, have mercy on me, make good my deficiencies, provide for me, and raise me)." If one were to say a different supplication instead, such as "Rabbi ighfir lī" (My Lord, forgive me), the prayer would still be valid.
If the worshipper omits this dhikr between the two prostrations, whether intentionally or out of forgetfulness, their prayer remains valid and nothing is required of them, though they miss the reward of following the Sunnah. Leaving it out does not necessitate the prostration of forgetfulness (sujūd al-sahw).
It is stated in Hāshiyat al-Bājūrī 'alā Sharḥ Ibn Qāsim 'alā Matn Abī Shujā' (Vol.1/P.298): "The eleventh — i.e., of the eighteen pillars — his statement: 'sitting between the two prostrations,' meaning even in a supererogatory (nafl) prayer... his statement: 'with the supplication that has been narrated concerning it,' meaning: 'Rabbi ighfir lī, warhamnī, wajburnī, warfa'nī, warzuqnī, wahdinī, wa 'āfinī' (My Lord, forgive me, have mercy on me, make good my deficiencies, raise me, provide for me, guide me, and grant me well-being). Al-Ghazālī added: 'wa'fu 'annī' (and pardon me). Al-Mutawallī also added: 'Rabbi hab lī qalban taqiyyan, naqiyyan min al-shirk, bariyyan lā kāfiran wa lā shaqiyyan' (My Lord, grant me a heart that is God-fearing, pure from associating partners with You, innocent, neither disbelieving nor wretched)."And Allah, the Most High, knows best.

What is the ruling on using the *subḥah* (prayer beads) to count during *tasbīḥ* and *dhikr*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended to use the ordinary or electronic subḥah (prayer beads or counter) to count tasbīḥ, dhikr, and istighfār, because it helps one to remember Allah. Many reports have been transmitted from the Companions and the Followers (tābiʿūn) showing that they continued to use strings of date pits as an aid to dhikr and tasbīḥ.
It is one of the lawful means of worship. Indeed, what is established from the Prophet (peace and blessings be upon him), namely that he counted tasbīḥ on his right hand, shows that it is permissible to count tasbīḥ with whatever helps a Muslim keep track of the number. There is therefore no basis for calling it an innovation (bidʿah), and we know of no jurist who said so.
Al-Ḥāfiẓ al-Suyūṭī (may Allah have mercy on him) wrote a dedicated treatise on the subject titled al-Minḥah fī al-Subḥah, printed within al-Ḥāwī li’l-Fatāwī (vol. 4–6).
Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī (may Allah have mercy on him) was asked: Does the subḥah have a basis in the Sunnah? He replied: “Yes, and al-Ḥāfiẓ al-Suyūṭī wrote on this. Among the evidence is what is authentically reported from Ibn ʿUmar (may Allah be pleased with them both): ‘I saw the Prophet (peace and blessings be upon him) counting tasbīḥ on his hand.’ Ibn Abī Shaybah, Abū Dāwūd, and al-Tirmidhī also narrated: ‘Hold fast to tasbīḥ, tahlīl, and taqdīs, and do not be heedless, lest you forget the affirmation of Allah’s oneness (tawḥīd). Count them on the fingertips, for they will be questioned and made to speak.’ Counting tasbīḥ with pebbles, date pits, and a knotted string has also been reported from a group of the Companions and those after them. Some scholars held that counting on the fingertips is better than the subḥah, based on the ḥadīth of Ibn ʿUmar. Others distinguished, saying: if the one reciting is safe from miscounting, counting on the fingertips is better; otherwise the subḥah is better.” [al-Fatāwā al-Fiqhiyyah al-Kubrā, Vol.1/p.152]. And Allah Almighty knows best.

What is the ruling on mentioning Allah`s name upon slaughtering an animal?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah (prophetic tradition) for the person slaughtering to say: "Bismillah" (In the Name of Allah), though the most complete and perfect phrasing is to say: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). This is in accordance with the words of Allah Almighty: "So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am/118)
 
However, pronouncing it is not an obligatory requirement (Wajib). If someone omits it—whether deliberately or out of forgetfulness—the meat remains entirely lawful (Halal) to eat, though purposely omitting it is considered disliked (Makruh). And Allah the Almighty Knows Best.

What is the ruling on someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.

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