Home Journal List The Islamic Shariah & Law Volume-03 Article Details

Research Study of Sale in light of Five Schools of Thoughts

Abstract

In Islamic point of view wealth is sacred as human life that is why it is strictly forbidden to acquire wealth illegally and to squander it unnecessarily. As AlMighty Allah says that don’t eat up each other’s property by false means, nor approach with it the authorities to eat up a portion of the property of the people sinfully, while you know that you are unjust in doing so. Because legal wealth is a source of human life, therefore Allah has encouraged him to acquire it by declaring it as His bounty as Allah says: seek the grace of Allah. Now what is meant by grace in legal sustenance? The Holy Prophet S.A.W was asked that what is the best source of livelihood is. Prophet S.A.W replied this refers to the earning of one’s own hands and every legitimate business and the primary factor in business is to sell which means to sell goods with mutual agreement. Islam wants to highlight human potential and does not allow endeavor to hinder or suppress its mental and physical abilities. Thus interest, illegal hoarding, artificial inflation, bribery, adulteration, gambling, speculation etc. have become illegal. Laws derived from Holy Quran and Sunnah exist in the form of Islamic Jurisprudence which describes the permissible and unlawful matters. Legal source of Islam are will, inheritance, speculation, partnership, lease and farming etc. There are four popular school of thoughts of Islamic jurisprudence while Jafari jurisprudence is common among Shia’s. Sales are mentioned in detail in primary sources of these school of thoughts, each of which has its own arguments and as a result different views emerge. The research article under review is a continuation of the same effort in which views of different school are presented in research way.

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