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Showing posts from June, 2020

Fiqh of Trade - Part 2 (The Majlis & Conditions of the buyer/seller)

The following is a translation from the Arabic book 'Mashroo’ Qaanoon Al-Buyoo’ Fee Dawlah Al-Islaamiyah', first edition by Ziyaad Ghazlaan. Article 4: The Majlis (sitting) of the ‘Aqd of Al-Bai’ (contract of trade) is the circumstances (Haal) in which the Baa’i (seller) and Mushtari (purchaser) are actively engaged in the Bai’ (trade).   This means the time in which the seller and buyer are engaged in the process of trade and its reality has been explained by Ash-Sheikh Mustafaa Az-Zarqaa when he stated: [The state in which the two contracting parties are engaging in negotiations about the contract] (Al-Madkhal Al-Fiqhi Al-‘Aamm 348/1). So the Majlis of the ‘Aqd extends throughout the period of time that is after the Eejaab (offer) as long as this period does not include that which indicates opposition from either the seller or buyer. And the evidence for this is the speech of Allah (swt): Unless it is a trade by mutual consent between you. (An-Nisaa 29) And h

Intolerance is at the Heart of Liberalism

The incoherence of liberalism is going to need a better defense than the one offered by Douglas Murray.  Liberalism, as Douglas Murray rightly points out in his Spectator piece, is in the dock and subject to a new “cultural revolution.” Murray’s piece reflects an ever-growing pessimism across western societies that the edifice upon which liberalism was built is giving way to a “woke” progressivism concerned with curtailing free speech and toppling statues. In this new world, young people exhibit an illiberalism that would, in Murray’s mind, not be out of place in a “Talibanised” society.  For Murray, Britain and the West face an existential crisis. Saving liberalism requires the idea to be defended and reasserted. Liberalism today is facing challenges from within and without, most notably because of the rise of nationalism. This well-trodden and rather pessimistic forecast is captured in Edward Luce’s gloomily titled book, The Retreat of Western Liberalism . Yet Mur

Fiqh of Trade - Part 1 (Definition of trading & the offer/acceptance)

The following is a translation from the Arabic book 'Mashroo’ Qaanoon Al-Buyoo’ Fee Dawlah Al-Islaamiyah', first edition by Ziyaad Ghazlaan. Article 1: Al-Bai’u (trade): The exchange of the property with property so as to take ownership (Tamalluk) and (Tamleek) possession (Al-Mughni 560/30) Many Aayaat of the Qur’aan have come indicating the legality of trade and from amongst these Aayaat, is the speech of Allah Ta’Aalaa: Allah has permitted trading and forbidden Ribaa (usury). (Al-Baqarah 275) And His (swt) speech: Unless it is a trade by mutual consent between you. (An-Nisaa 29) And His (swt) speech: Take witnesses whenever you make a commercial contract (between yourselves) (Al-Baqarah 282) Similarly there are numerous Ahaadeeth that indicate the legality (legitimacy) of Al-Bai’u (trade). From amongst these is the statement of the Messenger of Allah (saw ): “ The traders (seller and the buyer) have the right to keep or return goods as long as they have n