Business Made Easy
By Shaykh Ashiq Ilahi Madni (r.a)
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All praise in reality is only for Allaah. We laud Him and beseech His aid and beg forgiveness from only Him and believe in Him and rely solely on Him. We seek salvation in Him from the evils of our inner selves and the vices of our actions. There is none to misguide one whom Allaah intends to guide and there is none to guide whom Allaah intends to mislead. I bear witness that thiere is no one worthy of worship only Allaah, the One who has no partner. I also testify that Hadhrat Muhammad (<38S) is the faithful servant and the Last Rasul of Allaah. May Allaah Ta’ala’s mercy be on him, his family and his Sahabaah (ffiSGSS® Ajmaeen) and may He bless them and raise their status.
“Muhtasar Quduri” of Abi Al – Hussein Ahmed bin Muhammad bin Ahmad bin Jafar bin Hamadaan al Bagdadhi Al Quduri (S&8i&&) is a standard Hanafi Jurisprudic text taught in most Darul Ulooms and institutes of learning throughout the world. It is acclaimed and every scholar knows the value of the text
Mufti Aashiq lllahi Bulanshari Muhajir Madani wrote a Arabic commentary of “Muhtasar Quduri”, entitled “Al Tahseel as Zuhruri li Masali al Quduri”, in an easy to follow Question and Answer system. Many institutes have included it in their Syllabus, already.
We have rendered relevant sections of “Kitaabul Buyoo” (Book on Transactions), into English.
Deen is complete. Every aspect of life can be designed on Islaamic basics. By studying and practising on the laws as stipulated, one’s earnings will become pure, halaal and naturally full of Barakaat (Blessings).
One cannot over emphasise the importance of earning halaal (Islaamically permissable) and these days un – Islaamic economic methods are being forced via open and free based economic systems which rotate around interest, the root of financial evil and destruction.
We make duaa the book is studied with a view to practice and new avenues with further questions on Islaamic Economics develop.
May Allaah grant us the ability to practise?
A.RELIAS (MUFTI) 1421/2001
(BUSINESS TRANSACTIONS) No 1. GENERAL
Q-1 : What is (the definition of) a transaction of sale?
Ans: It is the exchange of one commodity for another commodity with the (happy) consent of the transactors.
Q-2: How is a sale contracted?
Ans: A sale is contracted with offer and acceptance, which is effected in the past tense (i.e .the words used for offer and acceptance is to be in the past tense). It will be as though one of the transactors (contractors) is saying : ‘I sold (this article) to you’ and the other is saying : ‘I have bought it from you’,
Q-3: If one of the transactors stipulates the sale (by making an offer or acceptance), will the sale then be binding upon the other person?
Ans: A sale is not binding by offer (or acceptance) alone. In fact it will only be binding if both, the offer and acceptance are affected. If one of the contracting parties places an offer of sale, then the other has a choice, if he pleases he may accept or reject during that same sitting. If he accepts then the sale will be binding. In the case of acceptance, neither of the parties will have a choice (of rescinding the sale). Q-4: Why is the acceptance limited to the same sitting?
Ans: Because if one of the parties places the offer of sale, then he goes away from that place or the other person goes away before the acceptance is made, then the offer of sale will be rendered null and void (invalid).
Q-5: When the sale has been concluded, does the buyer have any recourse to choice (i.e. is there a possibility of cancelling the sale or returning the goods for some or any other reason)?
Ans: Yes, he has that choice, if a fault is found on the article that he purchased. If he desires he may return it or he may keep it. Similarly, the buyer has a choice of returning or keeping the article if he had purchased it without seeing it.
Q-6: Is a credit sale permissible?
Ans: A sale is permissible with cash or credit, however in a credit sale, the duration (and all terms) of credit must be known at the time of sale.
Q-7: A person bought goods by indicating towards it, however the quantity of the article was not specified, neither by weight nor measure. Alternatively, two persons traded one type of commodity for another (amongst themselves) without specifying the quantities, but this trade was affected by indication (eg. One says ‘I trade this box of pens for that heap of wheat). Are these two sales valid?
Ans: Yes both sales are valid. Because the exchange which is indicated towards (either the currency or solid article), does not necessitate a description of its quantity for the permissibility of the sale. Because surely an indication is in itself a means of description. Q-8: If a currency is specified, but neither the type nor quantity is given (specified), what is the ruling of this type of sale?
Ans: If the currency is specified eg, A person said ‘I bought from you (x Article) in exchange for silver (or gold or dinars or dirhams or rands or wheat), but neither type, nor quantity is specified, then such a sale is invalid. To specify quantity is an inherent condition of any sale. A sale will be valid if one says : ‘ I have bought (X article) in exchange for these (X amount) dirhams’, and he specifies the type, eg, Misri (Egyptian) or Shaami (Syrian) dirhams and he specify the quality, eg. Perfectly minted or imperfect coins.
Q-9: If a currency is specified, but the description thereof is not, eg. If a person says ‘ I have sold for ten dirhams.’ And in that city there are different types (qualities) of dirhams, but all are of the same value. Will the sale be valid in this case if the buyer accepts?
Ans: If it is like this, then it will be valid. That type (quality) of dirham will apply in this sale which is in general use by the dwellers of that place.
Q-10: Dirham is specified, but in that place (where sale occurred) there are different types of dirhams of varying value. Will a ruling of the validity of the sale be given in this instance?
Ans: If the monetary value of the different dirhams differ, then the sale is Faasid (imperfect), unless one specific type of dirham and the quantity is mentioned.
CM 1 : Is the sale of food and grain valid if executed by measure or estimate?
Ans: The sale of food is valid if done in exchange for dirham, dinar, money or grain. However the sale of food for food (both of same type) will not be valid by estimate, because there is a possibility of Riba (interest).
Business Made Easy
Q-12: One person said to another ‘ I sold (am selling to you) this container full of wheat’, and the other accepts notwithstanding the fact that he does not know the precise quantity (capacity) of the container when filled. Will this sale be valid?
Ans: The sale of a specific filled container is valid even though the exact capacity thereof is unknown.
Q-13: What is the ruling of a sale executed by using a stone of unknown weight as a measure?
Ans: This too, is valid and permissible.
Q-14: A person sells a heap of grain stipulating each qafeez (measure of weight) for a dirham. Is such a sale valid?
Ans: The sale of only one qafeez will be valid in this instance and invalid for the rest, unless the total weight is specified at time of sale.
CMS: A person sold a flock of sheep and said ‘ each sheep for a dirham’. What is the ruling in this case?
Ans: The sale is Faasid with regard to the whole flock.
Q-16: What is the ruling regarding a person selling cloth in length (a roll of cloth), each length (eg. metre) for a dirham, and the total length is not stated?
Ans: This sale is neither valid for one length (metre) nor for the entire roll.
Q-17: What is the ruling regarding the person selling a heap of food, stating that it is a hundred qafeez and it costs a hundred dirhams. Thereafter the buyer finds that it is less than a hundred qafeez?
Ans: The buyer has a choice. If he wishes he may take this heap for its proportionate value or he may cancel the sale.