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Fiqh of Trade - Part 3 (The conditions regarding the subject matter)

The following is a translation from the Arabic book 'Mashroo’ Qaanoon Al-Buyoo’ Fee Dawlah Al-Islaamiyah', first edition by Ziyaad Ghazlaan. Article 7: The following is stipulated in regards to the Ma’qood ‘Alaihi (the trade or that which is being contracted over) within the sales contract:   1) That it is Mubaah (permissible) according to the Shar’a. 2) That it is owned (i.e. the property) of the Baa’i (seller). 3) That it is within the possession (Maqbood) of the seller. 4) That it is Ma’loom Al-Aaqibah (its result/outcome is known).   As for it being Mubaah then this is due to his (saw) statement: “Verily when Allah has made something Haraam then he has made its price Haraam” (Its Isnaad was verified as Saheeh by Ash-Sheikh Al-Albaani in ‘Ghaayatu-l-Maraam’).   This Hadeeth has come in the Mutlaq form (without restriction) in regards to the Tahreem (prohibition) of trading (selling) that which is Muharram (prohibited) and there is nothing that has come

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