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Mal Haram
acquired by illegal means, such as
theft, riba, hoarding,…
Mal Haram
acquired by illegal means, such as
theft, riba, hoarding, gambling,
Li Ghayrihi
- prohibited due to external reasons or an auxiliary attribute
-trading is :check:, but it is
:red_cross: during the hour of Friday prayers so any
profits are illegitimate
Rida (consent)
- transaction that is
not approved by the Shariah.
-income from :black_flag: rashwah (bribery) or
maysir (gambling),
Contract
Batil (Void)
Mahal aqd (subject matter)
- the asset
is not fully owned by the seller
- the acceptance is not in conformity with the offer
CHARITY
- asset must be channeled to public benefit (masalih ammah)
Khalal fi arkun (Defect in other pillars)
-contract involves impure or prohibited items in subject matter & contracting parties.
OWNER
- first seller still has
the right to reclaim the asset.
- must return it back to the
donor.
-
:red_cross:- contract
ONWER (shafi'e & Hambali)
- income derived by illegal means with the consent of the owner
must be returned to the original owner.
CHARITY (maliki & hanafi)
- a prohibited action cannot
legally justify transfer of ownership
-the income should be channeled to the Bayt al-Mal (the Public Treasury).
'Adama Rida (no consent )
- The income is acquired without the consent
-through: :black_flag: theft (sariqah), usurpation (ghaÎb) and deception.
OWNER
- the income must be purified
by returning it to the owner
- income should be channelled to the Bayt al-Mal (the Public Treasury).
Li Dhatihi
- include pork, wine and other impure items.
-majority of jurists do not consider such items to be mal at all.
DESTROYED
- Shariah does not recognize
the items as assets having value.
- immediately :!: : rectify the wrongdoing by destroying
the items :
-