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MAL HARAM (PROHIBITED INCOME) (Haram Li Ghayrihi items that are…
MAL HARAM (PROHIBITED INCOME)
Haram Li Dhatihi
certain items to be prohibited in themselves if the prohibition is due to their essence and nature.
example-pork, wine and other impure items
PURIFICATION : destroyed
Haram Li Ghayrihi
items that are permitted in their essence
but become prohibited due to external reasons
example-trading is permissible, but it is prohibited during the hour of Jumu'ah prayers so any profits are illegitimate
RIDA (CONSENT)
income is earned with the consent of the owner by a transaction that is not approved by the Shariah
two possible scenarios
non-halal income possessed
through nominate contracts
non-halal income earned without having
any specific contractual forms
Example : bribery, gambling, gifts to employees while executing their duties
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ADAM RIDA (NO CONSENT)
The income is acquired without the consent of the legal owner
Examples-income realized through theft (sariqah), usurpation (ghasb)
PURIFICATION : Owner
Validity of the Contract
CONTRACT
contract that is good in its essence and lawful in its external attributes
BATIL ( VOID)
In contrast, if the contract is
defective in any of its fundamental pillars, it is void
invalid due to a defect in any of
the essential elements (pillars) of the contract
Example : if the contract involves impure or prohibited items as the subject matter;
MAHAL AQD(SUBJECT MATTER)
PURIFICATION : Charity
KHALAL FI ARKAN (DEFECT IN OTHER PILLARS) - PURIFICATION : Owner
FASID (IRREGULAR)
Hanafi School, is an intermediary class of contract between Sahih and batil
contract in which all the essential elements (contracting parties, subject matter, and offer and acceptance) all the
underlying conditions are fulfilled
TAS-HIH (RECTIFIABLE)
PURIFICATION : No Purification
NO TAS-HIH (CANNOT BE RECTIFIED)
PURIFICATION : Destroyed
NON-CONTRACT
is one that violates the pillars and Shariah conditions of the contract
Example: sold asset is an impure
or prohibited commodity such as blood, pork, wine, a carcass
PURIFICATION : Owner(Shafie & Hambali), Charity (Maliki & Hanafi)