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Mal Haram (Prohibited Income) (Haram Ghayrihi Permitted in their essence…
Mal Haram (Prohibited Income)
Definition
Any property acquired by illegal means, such as theft, riba, hoarding, and gambling.
Haram Dhatihi
Prohibition is due to their essence and nature.
Include pork, wine and other impure items.
Purification:
Destroyed
Haram Ghayrihi
Permitted in their essence but become prohibited due to external reasons or an auxiliary attribute. Example: trading is permissible, but it is prohibited during the hour of Jumuah prayers so any profits are illegitimate.
'Adam Rida (No consent)
Prohibited income is realized without prior consent from the legal owner, such as income derived from robbery, theft,
Purification:
Returning to owner
Rida (consent)
Contract
Batil (void)
Hanafi School, batil is a contract that is invalid due to a defect in any of the essential elements (pillars) of the contract.
Example: 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)
Essential elements of a fasid are present, but the contract is tainted by a defect in an accessory attribute (wasf)
Tashih (Rectifiable)
Once the intolerable elements are eliminated, the contract becomes sahih, thus, the income becomes legal (halal).
Purification:
No purification
No Tashih (Cannot be rectifiable)
Purification:
Destroyed
Non-contract
Purification:
Owner (Shafie, Hanbali), Charity (Maliki, Hanafi)