Fiqh (Jurisprudence) Matters - The Salam (Sale of Payment in Advance)

The salam is payment in advance with delaying the receipt of the sold
item. The Muslim faqihs (jurists) define the salam as: "A contract
according to which the price of a clearly defined item is paid in
advance atthe place of concluding the contract, and the sold item is
to be received later."
This kind of transactions is permissible according to the Quran, the
Sunnah (Prophetic Tradition) and the consensus of Muslim scholars.
What proves that is what Allaah, The Exalted, Says (what means): {O
you who have believed, when you contracta debt for a specified term,
write it down...} [(Quran 2: 282]
Ibn 'Abbaas says: "I testify that Allaah has made lawful to
us(Muslims) to pay in advance for the price of a thing to be delivered
later after a specified term. He then recited this above-mentioned
verse."1
When the Prophet arrived at Madeenah and found its people paying in
advance the price of fruits to be delivered later after a year, two or
three, he said: "Whoever pays in advance the price of a thing - (or
"...of fruits..." according to another narration) - to be delivered
later should pay it for a specified measure at specified weight for
aspecified period." [Al-Bukhaari and Muslim]
This Hadeeth proves that the salam is permissible when these
conditions are fulfilled. Besides, Ibnul-Munthir and other scholars
report that scholars uniformly agree that the salam is permissible3.
Moreover, people need the salam, since one of the parties of the
transaction may be in need for being paid the price of an item in
advance while the other may be in need for buying an item for a cheap
price.
In addition to the conditions of selling, there are some conditions
necessary for validating the salam:
First: The sold item whose price isto be paid in advance must have
definite properties. This is because items whose properties cannot be
defined undergo many changes, which causes disputes between the two
parties of the sale (at the time of receiving the sold item).
Thereupon, the salam is not valid in items whose properties may
change, such as pulses, leather, utensils and jewels.
Second: The kind and the class of the sold item must be defined. For
example, if the sold item is wheat, the kind must be defined, which is
wheat here, and the class of that wheat must be defined such as
As-salamuni (a type of wheat).
Third: The sold item must be a specified quantity, weight or measure.
This is according to the meaning of the Hadeeth in which the Prophet
says: "Whoever pays in advance the price of a thing to be delivered
later shouldpay it for a specified measure or aspecified weight and
for a specified period." [Al-Bukhaari and Muslim]
Besides, if the quantity of the sold item is unspecified, it becomes
difficult to be exact.
Fourth: There must be a specified period for receiving the sold item.
This is because the Prophet says in the above-mentioned Hadeeth,
"...for a specified period." Besides, Allaah, Exalted be He, says
(what means): {O you who have believed, when you contract a debt for a
specified term, write it down...} [Quran 2: 282]
With regard to this issue, both the Hadeeth and the noble verse state
that in the salam both parties agree to the condition stating that the
sold item is to bedelivered later according to a specified period
known to both of them.
Fifth: The item sold must be present when the time of reception is
due, in order to be delivered at the stipulated time. Thereby, if that
item is not available when its time of delivery is due, the salam does
not become valid, such as paying the price of ripe dates and grapesin
advance and stipulating that the sold item be delivered in winter,
(such crops are not available at such a time).
Sixth: The price of the sold item must be paid fully in advance at the
time of concluding the contract. This is according to the Hadeeth in
which the Prophet ( ) says: "Whoever pays in advance the price of a
thing to bedelivered later should pay it for a specified measure..."
In this connection, Imaam Ash-Shaafi'i said: "The transaction of the
salam is not valid, except when the price is paid in advance and
before the two parties (the seller and the buyer) leave the place
where theyhave concluded the transaction. Besides, if the price of the
sold item is not paid at the time of concluding the contract, it will
beregarded as selling a debt for a debt, which is impermissible."
Seventh: The sold item is not to be specific (e.g. a certain house or
a specified tree). Rather, it should be regarded as a debt in the
seller's liability. Thereby, the salam is not valid when specifying a
certain house or a certain tree to be given, because this tree or
house may get damaged before being delivered to the buyer. In this
way, the desired purpose for which the salam has been decreed will not
be fulfilled.
Besides, the delivery of the sold item is to be in the same place
where the contract of the salam has been concluded, if possible.
Ifthis place is not fit for delivery (e.g. they concluded the contract
at a certain spot on land or at sea), then the place of delivery must
be mentioned in the contract. Moreover, if the two parties agree on
the place of delivery, the salam becomes permissible. Otherwise, they
must resort to the place where the contract has been concluded, for it
was fit for concluding the transaction from the start, as mentioned
before.
One of the rulings on the salam isthat it is impermissible to sell
theitem sold according to the salam to someone else (by the buyer)
before it is received. This is because the Prophet ( ) forbade selling
foodstuffs before receiving them4. In this case, the hawalah5 is
invalid, since the hawalah is only valid regarding a stable debt while
the salam can then be annulled.
Another ruling on the salam is that if the sold item is not present or
available at the due time, such as in cases when the trees have not
born fruits at the year of delivery, the one who has paid for the item
in advance may choose whether to wait until the fruits are available,
or he may askfor annulling the contract and ask for the money he has
paid. This is because in case the contract is annulled, it is
obligatory for the seller to repay the price paid in advance. If the
payment given by the buyer against the sold item is damaged, a
compensation for it must be paid. And Allaah, Exalted be He, knows
best.
In fact, allowing such a kind of transactions is a sign of the
facilitation and benevolence by which our Sharee'ah is characterized.
This is because thesalam facilitates many things for people and helps
them do what benefits them. Besides, the salamdoes not involve ribaa'
or the like of other forbidden transactions. All praise is due to
Allaah for the facilitation He grants.
Endnotes
1. Al-Hakim (3189) [2/342], Al-Bayhaqi (11081) [6/30] and 'Abur-Razzaq
(14064) [8/5].
2. Al-Bukhaari (2239) [4/540] and Muslim (4094) [6/42]. See also
Al-Bukhari (2253) [4/457].
3. See: "Al-Ijma ' " [p. 54]
4. Ahmad (15253) [3/402] and An-Nasaa'i (4610) [7/329].
5. Hawalah: The transference of a debt from the liability of the
debtor to the liability of another person. - - ▓███▓
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Fiqh (Jurisprudence) Matters - The Concise Presentation of the Fiqh of the Sunnahand the Noble Quran

There is no doubt that there is a considerable shortage in the books
of Fiqh in the English language. The need is so big, almost any time
an additional book found itsway to the market, it became an immediate
success.
This should not, however,be construed to mean that Fiqh is an easy
subject to write about. On the contrary, the books of Fiqh are not all
equal. A few can quickly distinguish themselves especially if they
were to be small and brief in their presentation of the issues
discussed in addition to being based on Daleel (evidence) fromthe
Quran and the Sunnah and not on mere statements of what a specific
Math-hab (School of Jurisprudence) or scholar says about the topics
included. And the book at hand, in this review, is one such book.
This is not a statement against following the well-known four
Mathaahib (plural of Math-hab ) –by necessity; the overwhelming
majority of Muslims must follow one of them. Any Muslim who is not a
scholar capable of making Ijtihad must follow a Math-hab –in fact even
when we don't know it, anytime we consult a book, seeking an answer or
a Fatwa, or ask a scholar for it, our Math-hab becomes that of whoever
gives us the answer or the Fatwa. What is a major shortcoming of most
Mathaahib books –especially the late ones—is that they have eliminated
the mention of the Daleel which made them mere statements of
rulings—thus taking Ittiba' or `following' out of context and making
it pure imitation of others as well as missing the chance of educating
theirfollowers.
Throughout this book, the Concise Presentation of the Fiqh of the
Sunnah and the Noble Quran, a Muslim can learn most of the topics of
Ibadah (acts of worship) as well as many of most needed issues of
Mu'amalat (dealings) in our times with great ease and confidence. "
...albeit small in comparison with the larger works, " this book, as
described by theforwarder, " has combined together two books. " What
he meant was that the extensive use of Hadeeth, by the author, as
evidence for the issues discussed, made the book look like a book of
Hadeeth combined with a book of Fiqh . This is a great display of the
statements and actions of the Prophet Muhammad thus the "
...combination of these two is a great blessing. "
Since this book was originally written in Arabic, it is important to
mention that its translation is professional and faithful to the
subject which should make it easy to read and facilitate the learning
of Fiqh from it. Also, this edition containshelpful tools that should
further facilitate understanding and learning, and an easy to follow
Glossary with Arabic to English translation, a transliteration chart
and a Symbols directory.
One good advantage of this book is that it draws from Saheeh or
authenticnarrations, which allows the reader to grasp basic aspects of
Fiqh but not get overwhelmed with lengthy details that typically arise
from relying on disputed narrations. Over all, I was very impressed by
the book and I pray that everyone who reads it feels the same and
learns a lot from it. In reading the final words of the author I felt
a great deal of satisfaction because his statement at the last section
in the book dealt with emancipation. He did so hoping to get
emancipated from Hellfire and receive the mercy of the
All-Compassionate, Most-Merciful God, Allah—may He be praisedand
glorified. - - ▓███▓ Translator:-> http://translate.google.com/m/
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Fiqh (Jurisprudence) Matters - Who are the Mahrams of a Woman?

When people distance themselves from the instructions of Islam and the
rulings of religion -- especially those which guard chastity and the
'Awrah (parts of the body that must be covered), prevent mixing of
progeny and other immoral acts -- they fall into the pit of vice and
immorality. This is encouraged bythe enemies of Islam who try to
control women with all the possible means until they lead them astray
and strip them of their modesty, under the pretext of "liberating"
them. In reality, they wanted to liberate women from their religion,
modesty, and chastity.
As a ruling of Sharee'ah (Islamic legislation), a woman has to know
who her Mahrams (non-marriageable men) are, so as to guard herself and
her religion.
The following question was raised to An-Nawawi : "Who is the woman
whom a man is permitted to look at and meet her in seclusion?"
An-Nawawi replied, "It is every woman whom he is permanently forbidden
to marry due to a permissible reason because of her unlawfulness."
"Permanently" is said to exclude the wife's sister and her like,
namely her paternal aunt, maternal aunt, and her daughter if the
marital contract is concluded with the mother yet the marriage has not
been consummated with her.
"Due to a permissible reason" excludes the mother and her daughter
with whom a man had sexual intercourse mistakenly believing that it
was lawful. The mother and her daughter are permanently forbidden, not
because of a permissible reason, but because doubtful intercoursewhich
is neither described as permissible nor unlawful, because the man was
oblivious and thus, incompetent to receive religious commitment at
that time.
"Because of her unlawfulness" excludes the woman who is involved in
Li'aan (oath of condemnation). This woman is permanently forbidden to
remarry (her ex-husband) as an act of punishment, not because she is
unlawful for him. Allaah knows best." [The Fataawaa that is known as
Al-Manthooraat by An-Nawawi, question no. 223.]
Allaah The Almighty Says (what means): {And not expose their adornment
except that which [necessarily] appears thereof and to wrap [a portion
of] their headcovers over their chests and not expose their adornment
except to their husbands, their fathers, their husbands' fathers,
their sons, their husbands' sons, their brothers, their brothers'
sons, their sisters' sons, their women, that which their right hands
possess, or those male attendants having no physical desire, or
children who are not yet aware of the private aspects of women.}
[Quran 24:31]
As regards "their fathers" up to the end of the verse, &Ibn Katheer&&
said, "These are all Mahrams for the woman who, therefore, is allowed
to appear tothem in her adornment without excessive display of
beauty."
Explanation of Mahrams:
• Their fathers: The woman's father.
• Their husbands' fathers: The husband's father and grandfathers, up
to all levels.
• Their sons: The woman's sons down to all levels, and also the sons
of daughters down to all levels.
• Their husbands' sons: Male sonsof the husband, including grandsons
down to all degrees, whether they are sons of the husband's sons or
daughters.
• Their brothers: The woman's brother
• Their brothers' sons: The brother's sons down to all degrees.
• Their sisters' sons: The sister's sons down to all degrees.
• Their women: Muslim, not polytheistic women, according tothe
preponderant opinion.
• That which their right hands possess: This may mean either:
bondmaids or bondmen.
• Male attendants having no physical desire: They are men who are not
at the same level as the women and have no interest in or desire for
women; or the oblivious person who has no desire; an imbecile; and, an
impotent man. The eunuch who can describe women is excluded.
• Children who are not yet aware of the private aspects of women:
Because they are so young they do not understand anything about women
or their 'Awrah (parts of the body that must be covered). If a child
is young and does not understand that, there is nothing wrong with him
entering upon women, but if he is an adolescent or approaching
adolescence, so that he knows and understands these things, and can
make a distinction between a woman who is beautiful and one who is
not, then he should not enter upon women.
First benefit:
Are a woman's paternal and maternal uncles her Mahrams?
Al-Qurtubi said, "The majority of scholars held that thematernal and
paternal uncles of awoman are like other Mahrams inthat they are
allowed to see of the woman what is permissible for them to see."
Second benefit:
Is the daughter's husband a Mahram for her mother?
Ibn Katheer said, "The majority of scholars held that thewife's mother
becomes forbidden to be married to a person once he concludes the
marital contract with her daughter."
Third benefit:
Is the mother's husband a Mahram for her daughter (i.e. his stepdaughter)?
A mother's husband (the stepfather) is not a Mahram for her daughter
except on two conditions, as Ibn Hajar said in Al-Fat'h, "The
prohibition of marrying a stepdaughter is stipulated by two things:
o She must be under the guardianship of the man
o The man should have consummated the marriage with her mother.
Therefore, the stepfather is not a Mahram to his step-daughter if only
one of the two conditions exists."
This view was adopted by Daawood ibn 'Ali and his companions, chosen
by Ibn Hazm, narrated by Abu Al-Qaasim Ar-Raafi'i on the authority of
Maalik . However, Ibn Taymiyyah found it dubious and did not hold a
certain opinion regarding it.
Finally, the majority of scholars held that the stepdaughter is
unlawful to her stepfather in marriage, whether she was under his
guardianship or not. Please check Tafseer ibn Katheer and Fat'h
Al-Baari.

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The deception that there was no oxygen in the primeval atmosphere

Celal Şengör has claimed that life began with anaerobic bacteria that
breathe in an oxygen-free environment, that oxygen appeared gradually
on Earth and that oxygen-breathing bacteria then emerged as a result.
This is an explanation meant to support the claim that there was no
atmosphere in the primeval atmosphere. But such claim is wrong.
Darwinists maintain thatthere was no oxygen in the period when life
emerged, and that oxygen formed subsequently. Because the existence of
oxygen will entirely repudiate all their claims about thebeginning of
life. Darwinists know that when an amino acid forms in the primeval
atmosphere, in the way they maintain, oxygen will immediately burn it
up and destroy it. For that reason, they are unable to use oxygen in
experiments concerning the origin of life. And all experiments
conducted without oxygen have failed. The famous StanlyMiller
conducted his experiment in an oxygen-free environment, and he
subsequently had to admit that his conditionsdid not match those of
the real atmosphere.
Celal Şengör supports this deception that Darwinists have been putting
forward for many years now and claims that oxygen appeared on Earth
later. But this is wrong, because:
Rocks dating back 3.5 billion years have been discovered in geological
excavations. That is the time when Darwinists claim that life first
began. Traces of OXIDIZED IRON AND URANIUM have been found in the se
rocks. The oxygen level determined here is far greater than that
claimed by Darwinists for the period.
In addition, research has shown that the level of ultraviolet rays
reaching the Earth in that period was 10 timesgreater than that
estimated by Darwinists. This intense ultraviolet light must have
separated water vapor and carbon dioxide in the atmosphere and have
given rise to oxygen.
If, as Darwinists claim, there were no oxygen inthe primeval
atmosphere then neitherwould there have been any ozone layer to
protect the Earth againstultraviolet radiation. In that case, it is
obvious that no organic moleculecould form in a world exposed to such
high levels of ultraviolet. I n conclusion, the presenceor absence of
oxygen in either case means an environment hostile to amino acids and
totally eliminates all Darwinist claims about the beginning of life.
The late American physicist Philip Abelson had this to say on this matter:
No ozone layer. If there were no oxygen in the atmosphere, there would
be no ozone either. Without the ozone layer, ultraviolet light would
destroy whatever life was formed. Ultraviolet light. Ironically, it
could do more damage in an atmosphere without oxygen. Just as oxygen
in the air would destroy the chemicals of life, ultraviolet light
beamingin through a sky unshielded by ozone would be deadly!
Recentstudies of the ozone layer have revealed that,without it, most
living organisms now on our planet would die within an hour, and many
within a second or two! Not with or without. Evolutionists are locked
into a situation here thatthey cannot escape from. Spontaneous
generation could not occur with oxygen, and it could not occur without
it! (Abelson, Some Aspects of Paleobiochemistry, Annals of the New
York Academy of Science, 69, 1957, p. 275) - - ▓███▓
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