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PROPERTY (AL-MAL) - Coggle Diagram

- - - - smthg that is desirable by people n can be preserved for future needs
      - Majallah al-Ahkam al-Adliyyah- smthg that is desirable by people n can be preserved for future needs whether in the form of movable or immovable property
      - Ibn Nujaym al-Hanafi- the thing that is created for the well being of the people n it is able to be preserved n can be exchanged during comfort time
      - must consist 3 characteristics
        
        The item must have material value n capable to be disposed, spent, kept, n withheld
        
        The object must be a material asset that is existent n capable for preservation during needs
        
        The thing must be customarily beneficial n desirable by the people. The thing must not be harmful to the people.
    - - Shafi'iyyah
        
        1- smthg that has material value
        2- the thing which has beneficial usage n legitimately lawful according to shari'ah
      - Hanabilah
        
        the object that is permissible to use n can be acquired at any time
      - Malikiyyah
        
        the thing that is desirable by the people n it is also customarily n legitimately permissible to be utilized
      - Characteristics
        
        beneficial usage (usufruct)
        
        permitted by the shari'ah in both affluent n difficult time
        
        The object must have material value according to the custom of the people
- - - - used once. The usage results to the disappearance of the item
        
        3 forms
        
        The usage of the item shall consume itself entirely (foods, beverages)
        
        The usage of the item will transform it to a new different object (use of wool to weave)
        
        The usage of the item will result to the change of possession (money whatever he pay, it is no longer belonged to him)
    - - can be used many times (repeatedly) w/out the disappearance of its structure
        
        buildings, furniture
        
        acceptable in a loan (al-qard) contract
  - - - any valuable things that are not recognized as money, cth animal, plants, books, land.
    - - could be in form of gold, silver, paper, electronic
      - any item that is accepted by the customary practices ('urf) in a specified area as a mechanism to value products n services
      - price for goods n medium of exchange for the people carrying out transactions between them
  - - - have substitute
        
        4 types
        
        Quantity calculation (ma'dud); money
        
        Length measurement (madhru'); rope
        
        Weight measurement (mawzun); gold, silver
        
        The property that is sold based on the volume measurement (makil); wheat & flour
    - - Limited. If x exist, compensate with money
      - no similar counterpart for mutual substitution in the market
      - difficult to find the exactly similar products in the market
      - can only be measured through its value
      - can be used as debt item
  - - - house, land
    - - car, pen
    - - Hanafiyyah, 3 conditions
        
        There is evidence from AQ & al-Sunnah on the validity of the practice.
        Cth: al-Sunnah approves waqf of weapons
        
        The practice is acceptable by the customary practices (al-'urf).
        Cth: waqf of prayer mats n AQ
        
        al-manqul item must be complementary to al-aqar property which is being endowed.
        cth: planting tools is complement to the plants on the agricultural land
  - - - permissible
        
        cows, buffalos, vehicles
    - - non-permissible
        
        pork, liquor
    - - Cth someone damages mal mustaqawwim- car owes to the other person; the former is liable to guarantee the latter either in the form of money or by replacement
      - mal ghayr mutaqawwim- if a person shoot n kill a bird in the sky, not liable to pay any compensation bcs the animal is not belonging to anyone
      - Muslim destroys liquor owned by another muslim, not required to pay any compensation bcs islam does not recognise liquor as al-mal.
        But if the victim is al-dhimmi (non-muslim living in an islamic state), the compensation must be paid bcs al-dhimmi considers liquor as al-mal al-mutaqawwim