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Law - Economy




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Lesson 79

Business (2)

Watch / Listen: Video Browse: PowerPoint Download / Print: Word  

Main Points

·         Wage Jobs (like contracting): To charge someone to carry out a certain job in return for a known payment.

·    Guarantee: It entails commitment as the sponsor to guarantee that the sponsored would fulfill what is due to him.

·        Guaranteeing another's appearance: It also includes the sponsor's commitment to bring the sponsored to those in responsibility, a judge for example.

·     Providing Collateral: It is to leave a material thing with the creditor to ensure that his debt will be fulfilled according to the terms, otherwise, he receives the value of the unpaid debts from the item that was mortgaged, or its price after selling it.

·         Commissioning another to do something: It is valid in buying and sale contracts as well as in personal affairs.[16]

·         Land ownership: It is for those who develop the land. Those in authority have the right to plot a public land into pieces for those who can cultivate it; and leave what is considered necessary for public interest like pastures, forests, and regions of natural resources. These are also called protectorates.

·        Cultivation of virgin land: It is to build on or cultivate a piece of land which has no owner so it becomes his own, unless it is a public utility.[


Job wages:

The Prophet (peace be upon him) said to a group of the Companions:

“How do you know that Surah Al-Fatihah is a Ruqyah? You have done the right thing. Divide (what you have got as a wage for Ruqyah) and assign for me a share with you.” (Reported by Muslim)

The Messenger of Allah (peace be upon him) said:

“Allah, the Exalted, said: I will be the adversary of three persons on the Day of Judgment. One who makes a covenant in My Name and then breaks it, one who sells a free man as a slave and devours his price, and one who hires a workman and having taken full work from him, denied him his wages.” (Reported by Al-Bukhari)

Abu Sa`id Al-Khudri (may Allah be pleased with him) narrated:

The Prophet (peace be upon him) prohibited (Muslims) to hire a laborer without determining his wages.” (Reported by Ahmad)

The Prophet (peace be upon him) also said:

“Anyone who practices medicine when he is not known as a practitioner will be held responsible.”
(Reported by An-Nasa’i, Abu Dawud, and Ibn Majah)

Guaranteeing payment and guaranteeing another’s appearance:

The Prophet (peace be upon him) said:

“One who stands surety is held responsible.”
(Reported by Ahmad and Ibn Majah)

Putting up collateral:

Allah says:

]وَإِن كُنتُمْ عَلَى سَفَرٍ وَلَمْ تَجِدُواْ كَاتِبًا فَرِهَانٌ مَّقْبُوضَة[
(البقرة: 283)

This means: “And if you are on a journey and cannot find a scribe, then let there be a pledge taken (mortgaging).” (2, Al-Baqarah: 283)

The Prophet (SAWS) said, "The pledge given as security is not forfeited." [Ibn Majah]

Qatadah (may Allah be pleased with him) narrated:

“Anas went to the Prophet with barley bread having some dissolved fat on it. The Prophet had mortgaged his armor to a Jew in Madinah and took from him some barley for his family.” (Reported by Al-Bukhari)

The Prophet (peace be upon him) said:

“The mortgaged animal can be used for riding as long as it is fed and the milk of the milch animal can be drunk according to what one spends on it. The one who rides the animal or drinks its milk should provide the expenditures.” (Reported by Al-Bukhari)

Commissioning another to do something:

Abu Hurayrah (may Allah be pleased with him) narrated:

“Allah’s Messenger ordered me to guard the Zakah revenue of Ramadan.” (Reported by Al-Bukhari)

The Prophet Muhammad (peace be upon him) said:

“When you come to my agent, you should take from him fifteen Wasqs (of dates). If he asks you for a sign, then place your hand on his collar-bone.” (Reported by Abu Dawud)

Land ownership:

The Prophet (peace be upon him) said:

“If anyone brings barren land into cultivation, it belongs to him.”
(Reported by Al-Bukhari)

The Prophet (SAWS) said, "If anyone brings barren land that is not rightful to (another) Muslim into cultivation, it belongs to him, and the unjust root has no right." [Abu-Dawud].”

Allah’s Messenger (peace be upon him) said:

“He who wrongly took a span of land would be made to wear around his neck seven earths.”
(Reported by Al-Bukhari and Muslim)

He (peace be upon him) also said:

“Muslims have common share in three (things): grass, water, and fire.” (Reported by Ibn Majah and Ahmad)

He (peace be upon him) also said:

“Excess water must not be withheld so that the growth of herbage may be hindered.” (Reported by Al-Bukhari and Muslim)

The Prophet (peace be upon him) said:

“The excess of water should not be sold in order to enable the sale of herbage.” (Reported by Muslim)

Asma’ Bint Abi Bakr (may Allah be pleased with her) narrated:

“I used to carry the date stones on my head from the land of Az-Zubayr which Allah's Messenger had given to him, and it was at a distance of 2-3 of a Farsakh from my house.” (Reported by Al-Bukhari and Muslim)

The Prophet (peace be upon him) said:

“If anyone reaches a water which has not been approached before by any Muslim, it belongs to him.” (Reported by Abu Dawud)

He (peace be upon him) also said:

“There is no (permission for) protected land except for Allah Most High and for His Messenger.” (Reported by Al-Bukhari)

As-Sa`ib Ibn Juthamah (may Allah be pleased with him) narrated:

“The Prophet (peace be upon him) protected Naqi` (a rich-water well).” (Reported by Abu Dawud)