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PURIFICATION OF HARAM INCOME (Prohibited Income) (Li zatihi (prohibited…
PURIFICATION OF HARAM INCOME (Prohibited Income)
Li zatihi
prohibited due to their essence and nature
ex: pork, wine, other impure items
DESTROYED @ RETURN TO OWNER (if non-muslims)
some jurists not consider as mal
LI GHAIRIHI
- permitted in their essence, but prohibited by external reasons
Rida (consent)
Contract
Batil
(void) - defect in contract's fundamental element > cannot be rectified
Mahal aqd (subject matter)
CHARITY
Khalal fi arkan (defect in other pillar)
GIVE BACK TO OWNER
Fasid
(irregular) -defect in external factor (wasf) - Hanafiyyah: intermediate class between sahih and batil
Tashih (rectifiable)
NO PURIFICATION
Dont have to re-execute
Eliminate obejctionale elements --> valid
Change into another suitable nominate contract
No tashih (cannot be rectified)
DESTROYED
Non-contract - no specific contractual forms. Ex: rashwah (bribery), maysir (gambling), gifts to employee while executing their duties
GIVE BACK TO OWNER (Shafie, Hanbali)
CHARITY (Maliki, Hanafi)
'Adam rida (No consent)
Income acquired without consent of legal owner. Ex: theft, deception.
GIVE BACK TO OWNER