You are on page 1of 7

Prohibited (Haram) Properties Haram is the Quranic term which opposite of halal means anything which forbidden, not

allowed, illegal, unlawful by Shariah. Halal is anything that permitted, allowable, legal and lawful by Shariah. Islam has introduced the concept of halal and haram not only in basic principle, but in its economy system. Certain means have been stimulated with unlawful things like usury, bribery, gambling and games of chance, speculation, short weighing and short measuring, and business malpractices. Abdullah-bin-Amr reported that the Messenger of Allah prohibited intoxicants, games of chance, card-playing and Gobairah and he said: Every intoxicant is unlawful. (Abu Daud) Unlawful means are strictly prohibited and Muslim is only permitted to do things lawful and with fair means.1 Based on Longman Dictionary of Contemporary English, property means the thing or things that someone owns.2 The lingual meaning of the Arabic word mal includes all things which can be acquired, possessed and owned by individuals.3 The Schools of fiqh have different definition of property. The Hanafi define property as a thing that can be possessed and which is customarily used by the people.4 They also define property as a thing that is desired by human nature which can be stored and used when it is needed. Thus, the Hanafi confined the meaning of property to valuable things that individuals can possess and store for later use.5 According to the Shafiis, Malikis, and Hanbalis who constitute the majority of the fiqh Schools, a property includes all permissible things which have financial value, for the destruction of which a person is held responsible.6

1 2

Mufti Mohammad Taqi Usmani, AIMS-UK Islamic Banking & Finance, www.LearnIslamicFinance.com p.1 Pearson Longman Dictionary of Contemporary English, p.1315. 3 Wahbah Zuhaili, al-Fiqh al-Islami Wa Adillatuhu, vol. 4 (Damascus: Dar al-Fikr, 1989) p.40. 4 Ibid. 5 Dr. Muhammad Yusuf Saleem, An Introduction to the Theoretical Foundations of Islamic Transactions (Malaysia: Ilmiah Publisher, 2009) 6 Wahbah Zuhaili, al-Fiqh al-Islami Wa Adillatuhu, vol. 4 (Damascus: Dar al-Fikr, 1989) p.42-43.

In Islam, there are many things that can be considered as halal but just a few things known as haram. One of Islams beauties is it forbids only that which is unnecessary, harmful, and discard able (useless and unwanted), while providing alternatives that are better and give greater ease and comfort. Allah also forbids usury but encourages profitable trade, prohibits intoxicating drinks but provides other delicious drinks that are healthy for the body and mind; plus forbids unclean food but provides alternative nutritious food. Another Islamic principle is that whatever leads to something is forbidden is also forbidden. In this case, Islam wants to block all the sources which may leads to haram. For example, when someone takes orphans properties without their permission; it can be considered as stealing. That action is as we all know is haram and takes others properties without permission is also haram. Thus, the property itself is haram. As Allah said in the Quran; Those who unjustly eat up the property of orphans, eat up a fire into their own bodies: they will soon be enduring a blazing fire! (Quran, 4:10) Islam also forbids us from using something to technical validities in order to do what is haram by deceitful means and excuses. An example would be as follows: prayer is wajib, but to pray in a house or on land that is taken illegally and unlawfully from others make the prayer itself unacceptable. When we talk about Islamic transaction, it relates to business and contract between two parties like buying and selling (baysalam), lease (ijarah), gift (hibah) and loan (ariyah). Contracts involve wine, intoxicants, pigs, gambling, bribery are not valid as Muslims are prohibited to do business in forbidden things. Moreover whoever sells dead animals like meat for which no prescribed Zakat was given, and then he has sold a dead animal and earned

unlawful money.7 The Prophet Muhammad forbade any trading in alcohol, even with nonMuslims. In the Hadith, Prophet Muhammad said that; Verily Allah cursed khamr the one who produces it and the one for whom it is produced, the one who sells it and the one who buys it, the one who drinks it and the one who earns from the sale of it, the one who carries it and the one who it is carried to, and the one who serves it. [Reported by at-Tarmidhee and Ibn Majah] Whether people change the name of alcoholic drinks to another, but it is still khamr. It has been reported in a Hadith said; A group of people will make peoples' intoxication halal by giving it other names. The same goes to anyone who sells drugs, cigarettes or distributes it or assists in its distribution. This is because they kill people, so it is like a destructive weapon. Another type of forbidden thing is the trading must be based on moral consideration such as not lying and cheating, not hoarding, not dealing with usury or bribery because Allah prohibits from doing it. As Allah mentioned in the Quran; Those who devour interest will not stand except as stands one whom the Evil One by his touch has driven to madness. That is because they say: Trade is like usury, but Allah has permitted trade and forbidden interest (riba). Those who, after receiving direction from their Lord, desist shall be pardoned for the past; their case is for Allah (to judge); but those who repeat (the offence) are Companions of the Fire: they will abide therein (for ever). (Quran 2:275) The Prophet said;
7

Shaikh Saalih al-Fawzaan, Forbidden BusinessTransaction in Islam, al-Ibaanah e-Book (USA: al-Ibaanah Book Publishing) p.10

If you sell fruits to your brother and these are stricken with calamity, it is not permissible for you to get anything from him. Why do you get the wealth of your brother, without justification?(Sahih Muslim) The Prophet also forbade any kind of transaction which leads to quarrel due to some uncertainty. Unnecessary interference like hoarding and price manipulation can be unjust. In order to prevent the market from manipulation, the Prophet forbade an-Najash. An-Najash is when you display a product for sale in a public auction. Then, a person comes and bids up the price but he does not have an intention to buy the item, rather he only wants to raise the price for the customers to trick the buyers. This action is haram. Some scholars of fiqh have stated that what falls under Najash is when a seller tells his customer I bought this item for such and such price., lying about the price, so the buyer may be fooled and buy the item at an increased value. Ibn Umar also explained that najash signifies someones bidding for an item in excess of its price without having any intention of actually buying it, but just in order to encourage others.8 Islam also prohibits every type of fraud and deception, whether buying and selling or in any other matter between people. One way of defrauding customers is to measure or weigh inaccurately. Allah has mentioned in the Quran; Woe to those that deal in fraud-those who, when they have to receive by measure from men, exact full measure, but when they have give to give by measure or weight to men, give less than due. Do they not think that they will be called to account? - On a Mighty Day, A Day when (all) mankind will stands before the Lord of the Worlds? (Quran 83:1-6) Islam has forbidden Muslims to buy any item that they know to be usurped, stolen, or taken unjustly from its owner. For example, a man goes to a businessman looking for a specific
8

http://www.dislam.org/content/view/303/35, Discovery Islam.

product, but this businessman does not have this specific product. The product is not found in possession of the businessman o the buyer. This kind of business is haram because the businessman sold something he did not own and before gaining possession of it, if the product was specified. So, whoever wants to sell something to the people, then he should store the products in his store or his shop or everywhere suitable for himself who he can have the products ready with him. People are easily come to see him and he can sell his product directly. Islam permits an increase in capital through trade. At the same time, it blocks the way for anyone who tries to increase his or her capital through lending on usury or interest (riba), whether at a low or high rate. Islam has prohibited riba (interest) on loan given. When a lender lends money to another person, he is allowed to get back the capital amount only and not any additional amount which is usually fixed interest on the capital. Taking interest on loan given caused cruelty and injustice to poor people in the society during prophet Muhammads time who were unable to pay back the capital and the interest.9 This is known as al-Aynah because the same product that was sold is returned back to its owner. Al-Aynah is when a product is sold to a person for a deferred price, for instance, increased price to be paid later, then that same product is bought back from him at current value less than the deferred price for which it was given to him. When the time comes in which the deferred payment is due, he pays his creditor in full. This can be considered as haram because it is deceiving someone into interest (riba). However, most scholars permit it because there is no resemblance to interest in such transaction, since the seller is free to increase the price as long as it does not cause injustice to all parties. Allah said;

Dr. Md. Abdul Jalil, Muhammad Khalilur Rahman, Financial Transaction in Islamic Banking are Viable Alternatives to the Conventional Banking Transactions, International Journal of Business and Social Science vol 1 No.3; December 2010 p.219

If you do it not, take notice o war from Allah and His Messenger: but if you turn back, you shall have your capital sums: deal not unjustly, and you shall not be dealt with unjustly. (Quran 2:279) In order the trade to be lawful, there should be mutual consent and the amount and the duration should be fixed and known for both parties. Furthermore, taking bribe is one way of consuming someones wealth wrongly. Bribe is refers to any kind of property offered to a judge or public servant in order to obtain a favorable decision. Abdullah-bin-Amr reported that the Messenger of Allah cursed the bribe taker and the bribe giver. (Abu Daud) Other type of forbidden transaction is selling images like immoral pictures, and statues. The Prophet forbade us from selling those kinds of thing because originally statues are based on image representations, whether it is animal, or human beings. Everything that has a spirit (ruh), then selling that image is haram. The money made from it is also haram. The same situations if there also contain temptation (fitnah) and encouragement towards doing evil acts. This is when a man looks at a picture of beautiful girl who is exposing some of her features or she is not wearing very proper, then it will cause mens desire rise. Muslims must try not to commit any sins. Moreover, when they do so, they must repent immediately and seek God's forgiveness. Scholars say that any sin, no matter how small, is great so long as it is committed with ease and indifference, without repentance, and without seeking God's forgiveness, while any major sin, no matter how great, is not great so long as it is avoided as much as possible and the one who commits it repents and seeks God's forgiveness.

References
1) http://www.dislam.org/content/view/306/35/ 2) http://www.dislam.org/content/view/302/35/ 3) http://www.dislam.org/content/view/303/35/ 4) http://www.islam.gov.my/en/e-hadith/illegal-sources 5)

http://www.islam.gov.my/en/e-hadith/pendapatan-haram
6) Mervyn K Lewis, Professor of Banking and Finance, School of Commerce, Division

of Business, Way Lee Building, University of South Australia 7) Muhammad Ayub, Sr. J.D. IBD, SBP,SBP Publication, Islamic Banking and Finance: Theory and Practice
8)

Mufti Mohammad Taqi Usmani, AIMS-UK Islamic Banking & Finance, www.LearnIslamicFinance.com p.1

9) Pearson Longman Dictionary of Contemporary English, p.1315.


10) Wahbah

Zuhaili, al-Fiqh al-Islami Wa Adillatuhu, vol. 4 (Damascus: Dar al-Fikr, 1989) p.40

11) Dr. Muhammad Yusuf Saleem, An Introduction to the Theoretical Foundations of Islamic Transactions (Malaysia: Ilmiah Publisher, 2009)
12) Wahbah

Zuhaili, al-Fiqh al-Islami Wa Adillatuhu, vol. 4 (Damascus: Dar al-Fikr, 1989) p.42-43.

13) Shaikh Saalih al-Fawzaan, Forbidden BusinessTransaction in Islam, al-Ibaanah eBook (USA: al-Ibaanah Book Publishing) p.10
14)

Dr. Md. Abdul Jalil, Muhammad Khalilur Rahman, Financial Transaction in Islamic Banking are Viable Alternatives to the Conventional Banking Transactions, International Journal of Business and Social Science vol 1 No.3; December 2010 p.219