Mid-term

Question No1: Write an abstract of chapters 17, 18, 19, 20 within 500 words?

Lecture No: 17

Qimār:
Qimar literary refers to betting and gambling. It means every form of gain or money, the
acquisition of which depends purely on luck and chance. It is an event in which there is a
possibility of total loss to one party. As opposed to others equally eligible, acquire incomes as a
result of lottery or lucky draws. Qimar or gambling includes every game in which the winner
receives something (money, goods, etc) from the loser.
Maysir:
Maysir literally means getting something too easily or getting a profit without working for it. It is
more particular game of chance. Islam has also categorically prohibited all forms of gambling.
Dice and wagering are rightly held to be within the definition of gambling and maysir. For
example, uncertainty of the timing of benefits of a pure life insurance contract creates an
element of Maysir.
Gambling:
It applies to every activity in which a person wins or loses his property by mere chance. Maysir
is prohibited by Islamic law (shari'ah) on the grounds that "the agreement between participants
is based on immoral inducement provided by entirely wishful hopes in the participants' minds
that they will gain by mere chance, with no consideration for the possibility of loss”. Both qimār
and maysir refer to games of chance, but Qimār is a kind (or subset) of maysir. Gambling also
includes betting or horseracing, soccer matches, and lotteries etc.
In Qur’ān:
“Forbidden to you [for food] are: dead meat, blood, flesh of swine and that on which name of
other than Allah has been mentioned.” (5:1). “O you who believe! Intoxicants and gambling
[dedication of] stones and [divination by] arrows are an abomination of Satan’s handiwork: so
avoid it in order that you may prosper.” (5:90).
In Hadīth:
Prophet (PBUH) made illegal the trade of alcoholic liquors, dead animals, pigs and idols.
(Bukhari: 2082). “If Allah makes something unlawful, he makes its price also unlawful. (Ahmad,
No: 2546).Narrated Abu Huraira: The Prophet said, "Whoever swears saying in his oath.’By Al-
lāt and al-‘Uzzá,'should say, 'None has the right to be worshipped but God; and whoever says to
his friend, 'Come, let me gamble with you,' should give something in charity."
LECTURE 18: PROHIBITION OF KHILĀBA & GHISHSH (FRAUD &
DECEPTION): GENERAL PRINCIPLE OF CONTRACT &
TRANSACTION IN ISLAMIC LAW
The primary source of Islamic shariah is based on Quran and Sunnah. The word Sunnah means
the saying, the action and, his behavior and anything the approval or the disapproval of Hazrat
Muhammad (PBUH).

Khilaba, Ghishish, Tatfif:

The words Khilaba, ghishish, tatfif have been used in the Quran and Sunnah to be the meaning
of fraud and cheating. Quran Sunnah disapproves all forms of fraud, cheating and deception.

Fraud and deception:

Fraud and deception, either in word or deed by a party to the trading contracts with the intention
of convincing the other party into. Fraud refers to manoeuvre (trick), practiced by one of the
parties to induce a person to a contract, without which he would have not entered it. It also
refers to cancelling the defects, and corruption in merchandise or goods. The word Khilaba and
ghishish used in the Quran and Sunnah to covey the meaning of fraud and cheating. Fraud and
cheating have been strongly prohibited in the Quran and Sunnah.

Fraud includes a number of practices such as:

Tatfif giving short measures and short weight; Najash false bidding to price of an item; Tasriyah
leaving an animal un-milked for a long time to give false impression to the buyer about its milk
yield; Talaqqi al-Rukban: the practices of meeting villagers at the outskirts of the town in order
to purchase their merchandise before the reach the market place, false swearing and hiding
defects in sale.

Prohibition in Quran: Surah al-Mutaffafin 83:1-14:

“Woe to those who gives less(than due); Who, when they take measure from people, take in full;
But if they give by measure or by weight to them, they cause loss; Do they think that they will be
resurrected; For a tremendous Day; The Day when mankind will stand before the Lord of the
worlds.

Prohibition in Ahadith:
 Say, do not fraud with me in this transaction.
 It was narrated that ‘Abdullah bin Mas’ud said: I bear witness that the true and truly
inspired one Abdul-Qasim told us: ‘Selling a Muhaffalah is Khilabah, and Khilabah is not
lawful for the Muslim. (Ibn Majah said: Meaning: ‘Deception) Sunan Ibn Majah Hadith
2241.
 It was narrated from ‘Uqbah bin ‘Amir that the Messenger of Allah said: There is no
contractual obligations after four(days). Sunan Ibn Majah Hadith 2245.
Lecture 19:

The prohibition of two mutually consistent and contingent contracts:

This principle refers to the transactions, which means the two mutually inconsistent contracts
have been forbidden by Prophet (S.A.W) in several hadiths. The two sale in one sale have been
prohibited.

The sale of two article for two prices like: “I sell you this article at this price on the condition that
you sell your house at this price”.

Contingent sale: it occurs when a contract is contingent like: If A says to B that I sell you my
house if C sells his house to me.

THE SALE OF A SINGLE OBJECT FOR TWO PRICES:

This kind of sale has been understood in two ways. In the 1st way: one of the two prices are
payable in cash; in the 2nd way: and the other is payable later.
Example: A says to B “I sell you this commodity for one 100 in cash and 150 on credit”. In the
2nd way: one of the contracting parties says, “I sell this garment cash down for such and such a
price on the condition that I will buy it back after certain delay at a certain other price”.

PROHIBITION IN AHĀDITH AGAINST TWO SALES IN ONE SALE

• Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah
bless him and grant him peace, forbade two sales in one sale.
• Yahya related to me from Malik that he had heard that a man said to another, "Buy this camel
for me immediately so that I can buy him from you on credit." Abdullah ibn Umar was asked
about that and he disapproved of it and forbade it.
• Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad was asked
about a man who bought goods for 10 dinars cash or 15 dinars on credit. He disapproved of that
& forbade it.
Lecture: 20

CONTRACTS: MÎTHĀQ ‫( میثاق‬COVENANT); ‘AHD ‫( عھد‬PROMISE); ‘AQD

‫( عقد‬AGREEMENT)

1. MÎTHĀQ is a contract that signifies earnestness and firm determination on the part of the
parties to fulfill the contractual obligation. In other words, Mīthāq is a contract, which is
considered to be sacred by the contracting parties and has more sanctity than the
ordinary contracts. The examples of Mīthāq include; the very first covenant between man
and God at the outset of creation; treaties by the Muslims with other nations and the
contract of marriage.
2. ‘AHD means a unilateral promise or undertaking, although it also includes a
bilateral obligation. The Qur’ān has used this word in both senses.
3. ‘AQD a synonymous with the word “contract” found in modern law. It indicates obligation
arising out of a mutual agreement. The literal meaning of the word ‘Aqd is “to join” and “to
tie”. The term ‘Aqd has an underlying idea of conjunction, as it joins the intentions and
declarations of two parties.
Definition of ‘Aqd ‫( عقد‬Contract): In Islamic literature ‘Aqd is used in two senses i.e.
general and specific. In the general sense, ‘Aqd is applied to every act which is
undertaken in earnestness and with firm determination regardless of whether it emerges
from unilateral intention (irādah mun-fridah) such as waqf, remission of debts, divorce
undertaking an oath, or it results from mutual agreement, such as sale, hire, agency and
mortgage.