1 Aayat, Ahadith and Marketing Iram Nisa Right to Safety Customers must be protected against products, production processes and services which are hazardous to health or life. For a Muslim businessman, there is no alternative but to satisfy his customer, even if the market and economic situations are making it difficult for him to do so. It is his obligation to od that he resists these forces and struggle and strive to fulfill the commandments of Allah the Almighty, even if it has to compromise on some profit. !he wisdom behind the golden rule is that welfare and well being of the customers and the society is far more important than the profitability of single entrepreneur. "y preferring customer over profit, a business will reduce its income in short term but will surely improve its sustainability in long run. Observe just Measure and Weight O my people! Give just measure and just weight nor with hold from people the things that are their due and donor commit mischief in the earth, causing corruption (11:!" In this ayah safety of customer#s right has been discussed. $ne way of defrauding the customer is to measure or weigh incorrectly. It is the duty of the seller to deliver the right measure of commodity or product to the customer. In order to earn more profit, if a seller is measuring less customer#s due and taking more value from him. %ltimately, by preferring customer over profit, a business will reduce its income in short term but will surely improve its sustainability in long run. A Muslim should try to do &ustice in measuring and weighing as far as it is humanly possible, although absolute accuracy in this regard is unattainable. Only Lawful Trade peritted in !sla O you #elieve! $%uander not your wealth among yourselves in vanity e&cept it is for some #usiness (trade" #y mutual consent and 'ill (destroy" not yourselves( )o dou#t *llah is ever merciful to you (+,:-" 2 Aayat, Ahadith and Marketing Iram Nisa !nterpretation" !he trade or business done illegal money is not permitted in Islam. Any business, you run from other#s money is not permissible. !here must be mutual consent of both parties 'donor and borrower( before using this money in the business. !he person who will use illegally the property of other, he will be in the loss in long run but gain a benefit in the short run. !his ayah endows the safety to the owner#s right on the property. Law of Mortgage and #ledging .f you are on a journey and cannot find a scri#e, then a pledge in hand ( shall suffice " a deposit may #e with held as lien and if one of you entrusts to another let him who is trusted deliver up that which is entrusted to him ( according to the pact #etween them" and fear *llah his lord (/art +,+0" !nterpretation" )uring the &ourney, if you do transaction with someone but you cannot find a scribe. In order to escape from any type of deception, you can mortgage anything e*ual to the amount of value you deliver as a security. !he thing which has been mortgaged can be given to the third person who has been entrusted. It will make safe and secure your dealing from any kind of deception and threat. $ribery reprianded *nd eat not up your property among yourself in vanity and not try to #ri#e authorities with it so that you may 'nowingly devour a portion of property of others wrongly (+: 1" Interpretation+ "ribery has been prohibited very strictly in Islam. !his ,ur#anic verse endows the safety to the property holder. It#s illegal to sell and buy the other#s property intentionally by giving bribery to the higher authorities. It is also unlawful to take the business contract of the deserving candidate or company through bribery. In ,ur#an very harsh words has been used for both who give and take bribery. 3 Aayat, Ahadith and Marketing Iram Nisa %very #roissory transa&tion kept on re&ord O you who #elieve! 1hen you contract a de#t for a fi&ed term, record it in writing( 2et a scri#e record it in writing #etween you in (term of" e%uity( )o literate person should refuse to write as *llah has taught him, so let him write and let him who incurs the de#t dictate, and heed *llah, his 2ord, and shall not omit any part of it( 3ut if (the #orrower" is of low understanding or wea', or una#le himself to dictate then let the guardian of his interest dictate in (term of" all fairness( (++:+" !his ayah describes the different steps to the safety and security of the business contracts. %nderlying Islamic philosophy, in writing down the contracts, is the removal of doubt and uncertainty from inter-personal engagements. In business affairs, all parties# rights and obligations are to be fully documented for verification and e.ploration. !he verses place an emphasis on recording material credit loans and transactions, and advise that these transactions should be signed by debtors 'to acknowledge their indebtedness and the amount thereof(, the ultimate in verification processes. !he safety regarding the terms of the contract for the illiterate and old people has also been discussed. !he literate person must help honestly the illiterate one in signing and dictating the terms and conditions of contract for a fi.ed term. $n the other han, if the borrower is of low understanding, weak or unable to dictate himself then guardian of his interest must be allowed. !he person who will omit any part of the contract will be strictly dealt with in the world and hereafter by Allah the Almighty. 4 Aayat, Ahadith and Marketing Iram Nisa 'A(!T' 5 Aayat, Ahadith and Marketing Iram Nisa The )ondenation of 'oarding The Prophet (peace be on him) denounced hoarders in very strong words saying, "If anyone withholds grain for forty days out of the desire for a high price, Allah will renounce him." (Reported by Ahmad, al-Hakim, Ibn Abu haybah, and al-!a""ar.# $ He also said, "If anyone withholds goods until the price rises, he is a sinner." (Reported by %uslim.# & !nterpretation" In this /adith, the process of hoarding has been declared illegal . Freedom for individual and natural competition in the marketplace is guaranteed by Islam !evertheless, Islam severely condemns those who, driven by ambition and greed, accumulate wealth at the e"pense of others and become rich by manipulating the prices of food and other necessities There are two ways of making a profit in a business #ne is to withhold the commodity from the market until it becomes scarce and those who need it are unable to find it$ then, compelled by their need, they come to the hoarder and pay him the price he demands, although it may be unreasonably high The other way is to put the commodity on the market, sell it for a reasonable profit, buy more goods and sell them in like manner, and so on %ince this latter practice serves the public interest, a merchant who practices it is both blessed by &llah and well'provided for, as the foregoing hadith states #n the basis of the te"t and content of these foregoing ahadith, scholars have deduced that hoarding is prohibited under two conditions( one, that hoarding at a given time is in)urious to the people of that country, and two, that the hoarder*s aim is to force the price up in order to make more profit 6 Aayat, Ahadith and Marketing Iram Nisa The Permissibility of Brokerage &l'+ukhari states in his %ahih Ibn Sirin, 'Ata, Ibrahim, and Hassan saw nothing wrong with commissions charged by brokers. Ibn 'Abbas said, '(here is no harm if one person says to another, "ell this robe, and if you sell it for more than such and such a price, you may keep the e)tra amount."' Ibn Sirin said, 'There is nothing wrong if one person says to another, "Sell it for this price and keep the profit, or the profit will be shared between you and me."' The rophet !peace be on him" said, 'The #uslims must abide by their terms.' (This hadith is reported by al' +ukhari, &hmad, &bu ,aoud, al'Hakim, and others have a complete chain of transmitters) !nterpretation 0ith the e.ception of such cases, brokerage is permissible, since it is a sort of mediation and connection between the buyer and the seller, which in many cases facilitates a profitable transaction for at least one of them or for both. In modern times, middlemen have become more necessary than at any time in the past because of the comple.ities of trade and commerce, which involve all types of e.ports and imports, and wholesale and retail sales and purchases1 brokers play a very important role in keeping things moving. !here is nothing wrong, therefore, with the broker2s charging a commission for his services. !he commission may be a fi.ed amount or proportional to the volume of sales or whatever is agreed upon among the parties involved. 7 Aayat, Ahadith and Marketing Iram Nisa The #rohibition of $uying Stolen #roperty The Holy Prophet (peace be on him) %aid, *He who buys the stolen property, with the knowledge that it was stolen, shares in the sin and shame of stealing.+ (Reported by al-Bayhaqi.) Interpretation: In order to combat crime and to confine the criminal within a very narrow sphere of activity, Islam has prohibited the -uslim to buy any article which he knows to have been usurped, stolen, or taken un)ustly from its owner$ anyone who does so abets the usurper, the thief, or the one committing in)ustice in his respective crime The passage of time does not render a piece of stolen or misappropriated property lawful, for in Islam the mere passage of time does not transform the haram into the halal nor does it deprive the original owner of his right to it The #rohibition of Selling 'ara *oods The Prophet (peace be on him) said, 4$urely, *llah and 5is 6essenger have prohi#ited the sale of wine, the flesh of dead animals, swine and idols,4 (7eported #y al83u'hari and 6uslim(" and also, 41hen *llah prohi#its a thing, 5e prohi#its (giving and receiving" the price of it as well(4 (7eported #y *hmad and *#u 9aoud(" Interpretation: Trading in goods which are normally used for committing sin is haram. ."amples of such things are swine, into"icants, and other prohibited foods in general, as well as idols, crosses, statues, and the like Permitting the sale or trade of such articles implies promoting and propagating them among people, and conse/uently encouraging them to do what is haram, while prohibiting their sale implies suppressing and ignoring them, thereby preventing people from coming into contact with them 8 Aayat, Ahadith and Marketing Iram Nisa The Prohibition of Gharar (3ale Involving %ncertainty( There are numerous Hadiths forbidding 0harar sales, and specific instances thereof #ne commonly cited Hadith was narrated by -uslim, *&hmad, *&bu ,awud, &l Tirmidhi, &l !asa*i, &l ,arami and *Ibn -a)ah on the authority of *&bu Hurayra (translation of the version in -uslim) that &postle of &llah the almighty said, "(ell me why, if Allah withholds the fruit, any of you should take his brother's property." (Reported by al-Bukhari, %uslim and others.) The Prophet (pbuh) has forbidden the purchase of the unborn animal in its mother*s womb, the sale of the milk in the udder without measurement, the purchase of spoils of war prior to their distribution, the purchase of charities prior to their receipt, and the purchase of the catch of a diver !nterpretation" The Prophet (peace be on him) forbade any kind of transaction which could lead to a /uarrel or litigation due to some uncertainty or which involved an unspecific /uantity to be e"changed or delivered This includes the sort of transaction in which there is no guarantee that the seller can deliver the goods for which he receives payment &ccordingly, the Prophet (peace be on him) forbade accepting money for a stallion*s or male camel*s covering, for fish in the water or birds in the air which one has not caught, or for the offspring of a camel still in the female*s womb, since there is an element of uncertainty as to the outcome in all such transactions The Prophet (peace be on him) observed that people sold unripened fruits which were still in the fields or orchards$ if the crop were destroyed by blight or some natural calamity, the buyer and seller would /uarrel over who was to bear the loss Hence, the Prophet (peace be on him) prohibited the sale of fruit until they were clearly in good condition unless they were to be picked on the spot %imilarly, he forbade selling ears of corn until they were white and safe from bright, However, not every sale involving what is unknown or uncertain is prohibited$ for e"ample, a person may buy a house without knowing the condition of its foundation or what is inside the walls 1hat is prohibited is selling something about which there is an obvious element of uncertainty which may lead to dispute and conflict, or may result in the un)ust appropriation of other people*s money &gain, if the risk of uncertainty is small2and this is determined by e"perience and custom2the sale is not prohibited For e"ample, one may sell root vegetables such as carrots, onions, and radishes while they are still in the ground, or fields of cucumbers, watermelons and the like In the opinion of Imam -alik, all such sales of needed items in which the margin of risk is bearable are permissible 9 Aayat, Ahadith and Marketing Iram Nisa Gharar is the sale of probable items whose e"istence or characteristics are not certain, due to the risky nature which makes the trade similar to gambling In contemporary financial transactions, the two areas where Gharar most profoundly affects common practice are insurance and financial derivatives 3urists often argue against the financial insurance contract, where premia are paid regularly to the insurance company, and the insured receives compensation for any insured losses in the event of a loss In this case, the )urists argue that the insured may collect a large sum of money after paying only one monthly premium #n the other hand, the insured may also make many monthly payments without ever collecting any money from the insurance company %ince 4insurance4 or 4security4 itself cannot be considered an ob)ect of sale, this contract is rendered invalid because of the forbidden Gharar
)ultivating land without #erission 4afi b. 5hadi& reported that the apostle of Allah as saying+ .f anyone sow:s in other people:s land without their permission, he has no right to any of the crop, #ut he may have what it cost him !nterpretation" In this /adith, it has been clarified that nobody has the right on others property. If a person commits the mistake by sowing the others land of without the consent. /e had ultimately no right on the profit yields from the crops raised in that field. !his /adith provides the safety to the owner of the property as without its prior permission no one has the authority to confiscate others property. It will be illegal and he must have to pay for his this type of act.