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MATAN ABI SHUJA', RAHN, WAKALAH - Coggle Diagram
MATAN ABI SHUJA'
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Bahagian Muamalat
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MUSAQAH
A type of partnership in which the owner of an orchard agrees to share a stipulated portion of the produce of the orchard's trees with a worker, in exchange for the latter's irrigation of the garden
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Occupation
Its benefits to the fruit, then it needs to be done by ʿāmil.
Its benefits to the land, then it needs to be done by the owner of the capital/garden.
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IJARAH
utilized with perpetuity ainya, should be for rent, when the benefits can be proportionate
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MUZARA'AH & MUKHABARAH
Muzara'ah
the partnership of agricultural endeavors between the ʿāmil (entrepreneur) and the landowner, where the produce is divided among them and the seeds are produced by the landowner
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RIBA'
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it is not lawful to trade gold, or silver, and one type of food except:
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KHIYAR
Option to Continue, Cancel or Request the Agreement
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Khiyar Aib
when there is a disgrace on the sale item, the buyer can return it immediately and get the money back
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HIBAH
everything that is to be sold, then must be given as a grant.
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once the recipient has physically received the hibah goods, then the hibah giver cannot refer back the hibah grant unless he is a father
if he gives ‘umra or gives by ruqba, then the goods belong to the recipient of the‘ umra or ruqba and his heirs after his death
LAQIT
babies who are discarded or abandoned and whose caregivers are unknown, as well as insane people
when a small baby is found on the side of the road, then the law of taking it, educating and caring for it is obligatory by Fardu Kifayah
if there is property with the baby, then the authorities have to spend alimony for him from that property
if not, then the maintenance must be borne by the Baitulmal
WAQF
Three Condition
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it is given to the original recipient who existed when the waqf contract was performed and the furu’ which will not be broken
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WADIAH
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the wadiah holder's alleged words were accepted when he stated that he had returned it to the wadiah giver
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LUQATAH
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the law of taking him is more preferable than leaving him if he has the belief that he is capable of carrying out his trust
if he takes it, he MUST know six things
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Four Types
An eternal thing, then such is the law as (stated before)
An item that does not last like wet food, then he has the option of either eating it or guaranteeing its value, or selling it as a trust and giving the proceeds of the sale to its owner when found
something that remains with care like wet tamar, then he can do maslahah by selling it and saving the money from the sale and then giving it to its owner
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HAJR
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Imposed on six persons
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The sick man/woman feared to die, on more than 1/3 of his/her property
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SULH
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Valid sulh performed with confession, on property and what brings to it
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DAMAN
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Once the guarantor has paid the debt, then he can claim its payment from the guaranteed party
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SHUFAH
an obligatory right [given to the owner] of property which is mixed [property] and not for [property] adjacent
it is compulsorily given on divisible property and not on indivisible property transferred (immovable property) from the earth
right forcibly purchase a portion of immovable property from a party third by the original co -owner
ARIYYAH
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if the loan item is damaged, then it needs to be secured/paid compensation by the borrower with its value
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GHASIB
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And whoever seizes the property of another, then [if the goods are not damaged] he shall:
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WAKALAH
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And it is not necessary for the representative to sell or buy [something] except with three (3) conditions:
- Cannot sell the goods to himself.
- [The sale] Is made in local currency.
- Selling something at a mithl price
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