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Wednesday, November 7, 2012

Some types of haraam transactions

What are the types of haraam transactions? Please quote the evidence for that.
Praise be to Allaah.
There are many types of haraam transactions, and it is not possible to
list them all in this brief answer. On our website, in the section on
haraamtransactions you will find many of these transactions.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) mentioned a
useful principle concerning thismatter, which will help one to
understand the issue and by referring toit the issue will become
clear.
He (may Allah have mercy on him) said in Majmoo' al-Fataawa (29/22):
The second principle concerning contracts, both halaal and haraam: the
basic principle in thisregard is that Allah has forbidden us in His
Book to eat up one another's property unjustly (cf. 2:188); He
condemned the rabbis and monks who ate up the people's wealth
unjustly; He condemned the Jews for consuming usury (riba) when they
had been forbidden to do so, and for eating up the people's wealth
unjustly.This includes everything that is eaten up or consumed
unjustly in transactions and donations, and whatever is taken without
consent.
Eating up or consuming wealth unjustly in transactions is of two
types, which Allah mentioned in His Book. They are usury (riba) and
gambling.
The prohibition on usury, which is the opposite of charity, is
mentioned at the end of Soorat al-Baqarah, Soorat Aal 'Imraan and
ar-Room. The Jews are condemned for it in Soorat an-Nisa', and the
prohibition on gamblingis mentioned in Soorat al-Maa'idah.
Then the Messenger of Allah (blessings and peace of Allah be upon him)
explained in detail that which Allah had mentioned in general terms in
His Book. The Prophet (blessings and peace of Allah be upon him)
forbade ambiguoustransactions, as was narrated by Muslim and others
from Abu Hurayrah (may Allah be pleased with him). Ambiguous
transactions are those of which the outcome is unknown, which leads to
the same negative outcomes as gambling, namely enmity and resentment,
in addition to consuming wealth unlawfully, which is a type of
oppression or wrongdoing. Ambiguoustransactions involve wrongdoing,
enmity andresentment.
As for usury, the prohibition on it in the Qur'an is more
emphatic.Hence Allah, may He be exalted, says (interpretation of the
meaning):
"O you who believe! Be afraid of Allah and give up what remains (due
toyou) from Riba (usury) (from now onward), if you are (really)
believers.
And if you do not do it, then take a notice of war from Allah and His Messenger"
[al-Baqarah 2:278-279].
The Prophet (blessings and peace of Allah be upon him) included it
among the major sins, aswas narrated in as-Saheehayn from Abu Hurayrah
(may Allah be pleased with him). Allah stated that some good things
that had been permitted to the Jews became forbidden to them because
of their wrongdoing, their preventing people from following the path
of Allah, and their consuming people's wealth unlawfully. And He, may
He be glorified and exalted, said that Hewill destroy riba (usury) as
He gives increase for charity (cf. 2:276). Both matters are tried,
tested and true in people's experience. End quote.
So the basic principle is that any transaction thatincludes either of
these two forbidden matters – usury (riba) or gambling – or that is a
trick to get around the prohibition on these two things, comes under
the heading of haraam transactions.
Examples of transactions that are haraam becauseof usury (riba)
include: 'Eenah transaction [which means to sell something for a price
to be paid at a later date, then to buy it back for a lower price to
be paid immediately]; selling debts; combining a sale contract with a
loan; andthe like.
Examples of transactions that are haraam becauseof gambling include:
sales of unknown items; and sales of things that one cannot deliver.

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And Allah Knows the Best!

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Published by :->
M NajimudeeN Bsc- INDIA

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