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Muamalat (also muʿāmalāt, Arabic: معاملات, literally "transactions" [1] or "dealings") [2] is a part of Islamic jurisprudence, or fiqh. Sources agree that muamalat includes Islamic "rulings governing commercial transactions" [3] and Majallah al-Ahkam al-Adliyyah). [4] [Note 1]
However, other sources (Oxford Islamic Studies Online, [2] Brian Kettell, [6] and Wahbah al-Zuhayli’) [4] give it a broader definition including civil acts and in general all aspects of fiqh that are not Ibadat (acts of ritual worship such as prayer or fasting). [Note 2] (See organizational chart of the structure of Islam below in "Principles" section.) [7] [8]
Mu'amalat provides much of the basis for Islamic economics, and the instruments of Islamic financing, and deals not only with Islamic legality but also social and economic repercussions and the rationale of its prohibitions (according to Monzer Kahf). [9] Even a broad definition of Muamalat does not deal with all aspects of property and money in Islam, as zakat — compulsory alms giving that is one of the five pillars of Islam — is part of Ibadat division of fiqh.
Part of a series on |
Islamic jurisprudence (fiqh) |
---|
Islamic studies |
According to at least one author (Monzer Kahf), Mu'amalat "sets terms and conditions of conduct for economic and financial relationships in the Islamic economy" and provides the "grounds on which new instruments" of Islamic financing are developed. It also extends beyond discussions of Islamic legality "to the social and economic repercussions of alternative legal forms of economic or financial relationship and analyze the rationale behinds [sic] it." [9]
According to Hosein Askar, Zamir Iqbal, and Abbas Mirakhor, a "significant subset" of muamalat "defines the conduct of economic activities" within the economic system, which "ultimately lays down the rules for commercial, financial and banking system." [16]
According to Aznan Hasan, basic principles of muamalat, are that dealings and contracts in Islam ... [17]
According to Abdullaah Jalil, Asharaf Mohd Ramli, Syahidawati Shahwan there are four "theories" that underlie the framework of Mu'amalat dealings: [18]
Jalil, Ramli and Shahwan also note that the development of Mu'amalat rules is less strict than 'Ibadat.
Mu'amalat | al-'Ibadat |
---|---|
Specific Quranic and Sunnah resources to base ruling on are few and general in nature; hence the rational thinking can be applied extensively. |
Specific Quranic and Sunnah resources to base ruling on are many and detailed in nature; hence it cannot be developed extensively by rationalization. |
Actions are permitted except where the Shariah states prohibition. |
Actions are not permitted except where the Shariah states permission. |
Fatwa or verdict in based on the most appropriate (al-aysar) opinion |
Fatwa or verdict is based on the most cautious (al-ahwat) opinion. |
Legal rulings are heavily based on rational reasoning ('illah 'aqliyyah) |
Legal rulings cannot be heavily based on rational reasoning (it is a submissive action - ta'abbudi). [20] |
According to muamalat, contracts ...
At least one source (a scholar identified as "Barbarti") defines aqad (contract) as a “legal relationship created by the conjunction of two declarations, from which flow legal consequences with regard to the subject matter”. [23]
The essential elements of a contract are contracting parties (aqidan'), a subject matter ('Ma'aqud Alaih), and a legally binding offer and acceptance (sighah). They may be written, verbal or even indicated by signs (in the case of speechless person). [24]
Muamalat contracts are prominent in Islamic banking where they are "fundamental factors" that determine whether a "transaction is valid or not". [25]
Some contracts in Mu'amalat include:
"Generally, Muslim jurists gave the main topics of law the title kitab (“book”), e.g., the Book of Agency, which, in our modern organizational scheme, we recognize as a chapter. A sub-chapter was termed “bab,” which would in turn be broken into a number of fasls (sections). Many jurists conceived of the whole of Islamic law as falling into four major fields, which were called “the four quarters,” i.e., “rituals, sales, marriage and injuries.” Each of these terms, used in this context metaphorically, stands for a staggering variety of subjects that belong to a single quarter. Thus, the “quarter of sales” would encompass, among many other subjects, partnerships, guaranty, gifts and bequests, while that of “marriage” would cover as varied a field as dissolution of matrimony, foster relationships, custody, and wifely and family support. In the same vein, the “quarter of injuries” includes homicide, the Quranic punishments and the laws of war and peace, among other topics. Works generally ended with what we term procedural law, supplemented by coverage of slave manumission. Other works ended instead with inheritance and bequests." [5]
muamalat.
Part of a series on |
Islam |
---|
Muamalat (also muʿāmalāt, Arabic: معاملات, literally "transactions" [1] or "dealings") [2] is a part of Islamic jurisprudence, or fiqh. Sources agree that muamalat includes Islamic "rulings governing commercial transactions" [3] and Majallah al-Ahkam al-Adliyyah). [4] [Note 1]
However, other sources (Oxford Islamic Studies Online, [2] Brian Kettell, [6] and Wahbah al-Zuhayli’) [4] give it a broader definition including civil acts and in general all aspects of fiqh that are not Ibadat (acts of ritual worship such as prayer or fasting). [Note 2] (See organizational chart of the structure of Islam below in "Principles" section.) [7] [8]
Mu'amalat provides much of the basis for Islamic economics, and the instruments of Islamic financing, and deals not only with Islamic legality but also social and economic repercussions and the rationale of its prohibitions (according to Monzer Kahf). [9] Even a broad definition of Muamalat does not deal with all aspects of property and money in Islam, as zakat — compulsory alms giving that is one of the five pillars of Islam — is part of Ibadat division of fiqh.
Part of a series on |
Islamic jurisprudence (fiqh) |
---|
Islamic studies |
According to at least one author (Monzer Kahf), Mu'amalat "sets terms and conditions of conduct for economic and financial relationships in the Islamic economy" and provides the "grounds on which new instruments" of Islamic financing are developed. It also extends beyond discussions of Islamic legality "to the social and economic repercussions of alternative legal forms of economic or financial relationship and analyze the rationale behinds [sic] it." [9]
According to Hosein Askar, Zamir Iqbal, and Abbas Mirakhor, a "significant subset" of muamalat "defines the conduct of economic activities" within the economic system, which "ultimately lays down the rules for commercial, financial and banking system." [16]
According to Aznan Hasan, basic principles of muamalat, are that dealings and contracts in Islam ... [17]
According to Abdullaah Jalil, Asharaf Mohd Ramli, Syahidawati Shahwan there are four "theories" that underlie the framework of Mu'amalat dealings: [18]
Jalil, Ramli and Shahwan also note that the development of Mu'amalat rules is less strict than 'Ibadat.
Mu'amalat | al-'Ibadat |
---|---|
Specific Quranic and Sunnah resources to base ruling on are few and general in nature; hence the rational thinking can be applied extensively. |
Specific Quranic and Sunnah resources to base ruling on are many and detailed in nature; hence it cannot be developed extensively by rationalization. |
Actions are permitted except where the Shariah states prohibition. |
Actions are not permitted except where the Shariah states permission. |
Fatwa or verdict in based on the most appropriate (al-aysar) opinion |
Fatwa or verdict is based on the most cautious (al-ahwat) opinion. |
Legal rulings are heavily based on rational reasoning ('illah 'aqliyyah) |
Legal rulings cannot be heavily based on rational reasoning (it is a submissive action - ta'abbudi). [20] |
According to muamalat, contracts ...
At least one source (a scholar identified as "Barbarti") defines aqad (contract) as a “legal relationship created by the conjunction of two declarations, from which flow legal consequences with regard to the subject matter”. [23]
The essential elements of a contract are contracting parties (aqidan'), a subject matter ('Ma'aqud Alaih), and a legally binding offer and acceptance (sighah). They may be written, verbal or even indicated by signs (in the case of speechless person). [24]
Muamalat contracts are prominent in Islamic banking where they are "fundamental factors" that determine whether a "transaction is valid or not". [25]
Some contracts in Mu'amalat include:
"Generally, Muslim jurists gave the main topics of law the title kitab (“book”), e.g., the Book of Agency, which, in our modern organizational scheme, we recognize as a chapter. A sub-chapter was termed “bab,” which would in turn be broken into a number of fasls (sections). Many jurists conceived of the whole of Islamic law as falling into four major fields, which were called “the four quarters,” i.e., “rituals, sales, marriage and injuries.” Each of these terms, used in this context metaphorically, stands for a staggering variety of subjects that belong to a single quarter. Thus, the “quarter of sales” would encompass, among many other subjects, partnerships, guaranty, gifts and bequests, while that of “marriage” would cover as varied a field as dissolution of matrimony, foster relationships, custody, and wifely and family support. In the same vein, the “quarter of injuries” includes homicide, the Quranic punishments and the laws of war and peace, among other topics. Works generally ended with what we term procedural law, supplemented by coverage of slave manumission. Other works ended instead with inheritance and bequests." [5]
muamalat.