Category: Muslim

Connection Of Marital Rape With Islam

When we start talking about the marital rape the very first question that come in our mind is “Does marital rape really exist in Islam?” if yes then how? “is the husband allowed to force or do any violence to his wife?”? What is the legal stance on those who advocate for total equality between husband and wife in obedience and expenditure etc.…? And many of the other question come into mind that whether this thing is concerned in Islam or not? If not, then there are many other problems which are not exactly describe by Quran and hadith, so how can we justify this?

Many of the Islamic scholars says that marital rape occurs when the man asks his wife to have sexual intercourse during any abnormal sexual position or during fasting hours in Ramadan. There are two different perspectives regarding marital rape. the first one says that as men and women got equal rights, so a husband can’t force his women or can’t use any violation in their relation. Other perspective says that men are superior to women, because Islam tells us about the “equity” but not “equality” so they can do anything to their women and there is no such conception of marital rape in Islam because there is no hadith or Qur’anic verse related to this. God says, ‘And the male is not like the female…” 3:36

And says, “And do not wish for that by which Allah has made some of you exceed others. For men is a share of what they have earned, and for women is a share of what they have earned. And ask Allah of his bounty. Indeed, Allah is ever, of all things, knowing.” 4:32. Also, the believers of second perspective say after nikah and paying Mehr it becomes man’s unconditional right to have physical intimacy with his wife.

But then the question arises that does nikah and Mehr make him the owner of her body? the Quran describes this relationship as mawaddah and rahmah (3021) i.e. love and compassion and seeking solace in each other. This is a very sensitive description of a marital relationship. Force and compulsion have no place in it. It will destroy this relationship. Love and compassion are the very basis of this relationship. A marriage cannot persist without love and sacrifice for each other. It is not a piece of land that one can acquire the right over after paying for it. (Engineer, 2009)

Regarding this a new question arise that if men is not allowed to do such things then what is the purpose of Nikah? Also, they say Islam does not allow the wife to deny intercourse to the husband. Sexual satisfaction is one of the rights of the husband in Islam. Infect, the actual marriage contract is made in that way. The husband must mainly provide financially, and the wife must provide obedience and sex. in a hadith it states very harshly:

Abu Hurairah (may Allah be pleased with him) said: “The Messenger of Allah (peace and blessings of Allah be upon him) said: ‘If a man calls his wife to his bed and she refuses [and does not come], and he spends the night angry with her, the angels will curse her until morning.’” (Reported by al-Bukhaari, 4794; the additional phrase quoted in square brackets is from Abu Dawood, al-Sunna, Kitab al-Nikah, Bab Haqq al-zawj ‘ala’l-mar’ah (sameer, 2015)

However, the above-mentioned quotations contradict the overall, traditional Islamic view about marriage being a contract based on mutual love, respect and consideration. Both the husband and wife have a right to their own body and, whilst consideration for a person’s sexual needs is normal, forceful sexual acts are not a sign of love or respect but become a fatal blow to a solid marriage.

But then a new problem arise that men are not allowed to harm their women. In some verses or in hadiths it is said that “……. Fear Allah, in case of your wives……” so how can violence be appreciated in Islam? As it is also against the humanity? The Holy Book is so sensitive to a wife`s rights that it allows her even to refuse to suckle her child, if she so decides. Just consider the following important verse (656) “Lodge them where you live according to your means and injure them not to discipline them. And if they are pregnant, spend on them until they lay down their burden. Then if they suckle for you, give them their recompense, and consult one another in a fair manner, and if you both disagree (that mother should suckle the child), another woman should suckle (the child) for her.” Thus, it can be forcefully argued that the Quran gives a woman undisputed right over her body, and not her husband.

Also, there is a hadith which supports this argument that Prophet Muhammad (PBUH) once remarked, “The best among you is the one who is the best towards his wife” (Hadith – Muslim, #3466). The Prophet SAW taught, “Only a noble man treats women in an honorable manner and only an ignoble man of low character treats women disgracefully.”

If we consider this hadith in mind this probably explains that the husband is allowed to fulfill his wife sexual desire in one side, and in the other side he is not allowed to force his wife for sex when she is unwilling. It is better for the husband to sacrifice himself (to be patient) rather than sacrificing his wife. A good husband must be wise in choosing the better choice relating to the above issue. A good husband must be patient for not saying that who is not patient is not a good husband.

All of the above discussion, hadith and verses does not clearly talk about the problem but considering these we can say that in a marriage relationship both the husband and wife have their own duties, rights and responsibilities regarding Islam. If anyone of them would go violent, it may cause problems for both. it is found that the type of the relationship between husband and wife as suggested in Islamic teaching naturally prevents the what so-call marital rape to occur. It is difficult to imagine the existence of marital rape inside the Muslim families, since the husband is bound with the obligation to treat her wife well. In sexual matter, the doctrine of mu’asyarah bil ma’ruf can be applied by respecting the need and the willingness of the wife in sexual matter.

Bibliography

1. Engineer, A. A. (2009). Islam prohibits ‘marital rape’. marital rape.
2. Sameer, a. (2015). Marital rape in Islam.
3. https://quran.com/2/187-197?translations=20
4. http://abdullahsameer.com/blog/marital-rape/
5. https://blogs.tribune.com.pk/story/9664/how-is-marital-rape-not-rape/
6. https://hadithoftheday.com/is-marital-rape-allowed-in-islam/
7. https://www.malaymail.com/news/malaysia/2018/10/30/marital-rape-is-un-islamic-says-sis/1688227
8. https://www.dawn.com/news/461415
9. https://www.ucanews.com/news/in-malaysia-debate-on-marital-rape-continues/73498

Afghanistan-Tajikistan Border: Instrumentalization Of Islam In Regime’s Security

Soon after the disintegration of the Soviet Union and creation of 5 newly independent states in 1991, Central Asia and specifically Tajikistan found itself at risk of instability and the ongoing conflict in Afghanistan. Today, Afghanistan is discussed as the biggest security threat to peace and stability in Tajikistan. In multiple cases, Tajikistan President, Emomali Rahmon, has shared his concern over the border with Afghanistan and possible threat from spread of Islamic fundamentalism and terrorism. In dealing with this threat, President Rahmon has taken policies such as extreme militarization all over the country and restriction on practice of Islam, arguing that through Islamic teachings, considering presence of extremist groups not far away from Tajikistan, extremists could influence population within Tajikistan. Through this act, Islam has been used as a political instrument of Rahmon’s regime. No one denies the security threats from the existing condition in Afghanistan on its neighboring states, specially Tajikistan. However, one could argue that the threats from Afghanistan are extremely politicized in an attempt by the president to gain legitimacy for his repressive and highly condemned role. In other words, Rahmon has used Afghanistan as a highly critical security threat to consolidate his power. Many scholars argue that “the authoritarian nature of Central Asian regimes promote securitization in order to justify limiting political and economic freedoms, strengthening power structures, and maintaining existing regimes” (Chernykh & Burnashev, 2005, P.141). In this light, I argue that even though security threats are real, the threats have been used as Rahmon’s political instrument to maintain stronger control not only on politics of the state but also to control practice of Islam. Hence, Islamic extremism and the Afghan-Tajik border are the threats that have been used by President Rahman in an attempt to further reinforce his dominance in Tajikistan.

War and instability in Afghanistan represent real security threats to Tajikistan. After the disintegration of the Soviet Union, Tajikistan became an independent state. However, soon it experienced a civil war in 1992 (Pannier, 2017). To survive, thousands of people moved to neighboring states. “The civil war in Tajikistan killed more than twenty thousand civilians and as a result many were left homeless from whom some live in Afghanistan currently” (Ahmed, 1994, p. 87). Later the Afghan war took place and the closeness of the two countries had a ‘salutary impact’ on the Central Asian region, specifically Tajikistan. The Afghan civil war and the repressive role of Taliban regime forced vast majority to move to neighboring states. Today, there are already around 2 million Afghan refuges who live in Pakistan and more than 1.4 million in Iran, with an estimated 30,000 in India, 5,000 in Tajikistan, Uzbekistan and other countries (Refworld, 2013). In addition, in recent years rise of Taliban and the Islamic State in Northern provinces [close to Tajikistan, Uzbekistan, and Turkmenistan] have further exacerbated anguish among the Central Asian states and specifically Tajikistan for the long border it shares with Afghanistan (Bahrom, 2016). In 2015, a gun battle took place near Tajikistan’s capital Dushanbe which took lives of many people. Later, it was confirmed as a terrorist act led by a member of Islamic Renaissance Party (IRP), a banned Islamist political party in Tajikistan. “This act was used by Tajik government to highlight the risk that extremism could spread from the Middle east and [in particular] Afghanistan into Central Asia” (Cohen, 2019). Hence, war and instability in Afghanistan represent real security threats to Tajikistan.

Extreme politicization of threats coming from the Tajik-Afghan border has enabled some states, particularly Tajikistan, to use it for achieving their own personal goals. Securitization is defined as “a process of social construction of discursive emergence, threat and danger aimed at justifying the adoption of extraordinary measures” (Stanger, 1995). In Tajikistan, President Rahmon in multiple speeches referred to the shared border with Afghanistan as an extreme threat to the security and stability of Tajikistan, referring to threat of Islamic State. For instance, his speech in Parliament in 2017 stated that there is threat of cooperation between Islamic State and other opposition groups within the country, considering the long shared border between the two countries (Deutsche Welle, 2017). The threats coming from Afghanistan is undeniable, however, the measures taken in addressing the issue by the president are in many instances an extreme securitization of the issue. In response to concerns over threats from Afghanistan, president Rahmon “continued to use the specter of Islamic extremism to legitimize tight control over religious practices” (Freedom House Report, 2018). Claiming to protect people, the state has banned opposition groups, jailed human rights lawyers, and restricted rights (expression, freedom of speech, religion) (Freedom House Report, 2018). For instance, the Tajik government has restricted people’s religious rights mainly through closing down mosques, banning hijab, etc. It is believed that mosques facilitate religious teachings which could end up contributing to extremism. Similarly, president Rahman convicted the only opposition group in Tajikistan, Islamic Renaissance Party (IRP), as a terrorist group (Najibullah, 2018). He claimed that this party is an extremist party. This way he eliminated the only group who could compete with the president Rahmon and the existing regime. Through these measures president Rahman argues to save lives of people and maintain its territorial integrity and stability.

Even though threats of Afghan war and instability on Tajikistan are real, they have been extremely politicized by the president Rahmon in an attempt to legitimize his regime. In 2016 thirteen men were jailed for allegations of affiliation with Islamic Renaissance Party of Tajikistan (IRP) (Edwards, 2017). In response to this issue, president Rahmon stated that these men bring terror and insecurity to Tajik nation. In other words, presence of such groups [IRP of Tajikistan] considering the insecurities near Afghan border are regarded as the justification for the policies taken by the president. However, many argue that securitization of such cases enable president Rahmon to justify all his policies. Hence, president Rahmon uses security threats to eliminate his rivals (Edwards, 2017). In another speech president Rahmon asserts that “plague of the new century represents a threat for the global security…these young people when they return home bring instability to society” (Lemon, 2015).

Even though Tajikistan claims links between the active role of the Islamic State in Afghanistan and insurgents in Tajikistan, one could argue that these policies abuse freedom of religion by linking them to various insurgent groups. In the recent years Tajikistan has witnessed a sharp rise in trials of allegations of extremism. Critics, however, accuse president Rahman for using different strategies to eliminate his opponents from gaining power and dominance within Tajikistan. “Securitization of an issue allows actors to carry out extraordinary measures” (Crick, 2012). In addition, in recent years there have been reports on forced breading for men. Similarly, the Tajik government has endorsed restrictions on sell of Islamic clothing. In justification of the above mentioned rules, president Rahman in an interview states that “increase in mosques and religious centers [religious practices], considering the shared border with Afghanistan, is a critical security challenge to the country” (Radio Free Europe, 2015). The State Committee for Religious Affairs closed down 1,938 mosques (referred to as illegal mosques) in 2017. In addition, clothing “continues to be the forefront of this effort, with numerous individuals reporting being forcibly shaved or compelled to remove their hijabs” (Bayram, 2018). Also, he stated that in Islamic clothing extremists attract youths and teach them, thus Tajikistan will not allow this to happen. In September 2010, 23 Tajik soldiers were killed in a terrorist attack which happened near Afghan border (Schwirtz, 2010). Following this attack, President Rahman expressed his deepest concern over insecurity and extremism influencing Tajikistan. Referring to these incidents, president Rahman justifies the need for restricted and repressive regime. It could also be observed that Islam is being used as a political instrument of President Rahmon to implement certain policies and take measures.

By securitizing the border, Taliban, and the spillover of Tajik fundamentalist fighters from Afghanistan president Rahmon always tries to attract foreign countries and international organization’s attention to this border. By using the border threat almost all international donors like European Union, United Nations, Organization for Security and Cooperation in Europe, United States, Russia and many others make an effort to support the border management by conducting trainings for the stuff, providing new modernized equipment and constructing new buildings for cross-border authorities. As Edward Lemon brings in his work, Rahmon’s speech where he argues that “the flurry of activity by Taliban near the border of the common wealth of the independent state as well as the appearance of the components of the so called Islamic state poses threat to the whole common wealth” (Lemon, 2015). While the Afghan specialist Borhan Osman claims that there is “no solid evidence for the presence of IS inside Afghanistan and media reports have overblown its influence” (Lemon, 2015). In the beginning of its independence Tajikistan was really in need of foreign assistance, since it had a Civil War and it damaged almost all sphere of the country, particularly security and economic. Thus, at that time the donors mentioned above take an active role in reconstruction and state-building. What is more that today the situation is different; the border management is very well trained and equipped, however, Rahmon’s regime continues to present the border and spread of terrorism, as a threat in order to receive money from international donors (Bleuer, Kazemi, 2014, p. 59) which enables him to strengthen his own dominance over Tajikistan.

The reactions of population and success of measures addressing instability and war in Afghanistan is debatable. Some argue that even though no one denies the threats from Afghanistan, it does not justify the extreme measures taken by Rahmon’s regime. Militarization and linking Islam to violent extremism are the two extraordinary securitizing measures undertaken by President Rahman. These measures limit freedom of religion, expression, etc. Hence, many could argue that more attention needs to be on policies that could prevent threats from Afghanistan while population is guaranteed of freedom. In addition, one could argue that experience of the civil war in Tajikistan from 1993 to 1997 and the incidents near Afghan border persuade the population to accept any kind of measure as long as the state promises stability. Taking into consideration the current regime and its sustainability for nearly 3 decades, one could argue that president Rahmon has been able to maintain its authoritarian regime. In some instances the main argument central Asian leaders assert about securitization is that, “endowing the citizens with political rights would be too risky in light of complexity of the external security situation” (Crick, 2012, 407). This has been used as justification for the restrictions enforced on the population. Frank also states that there are problems in securitizing an issue. “The successful securitizing move allows the securitizing actor to exploit threats and occasionally avert attention from a specific issue (Crick, 2012, 408) [which could be the authoritarian regime and the repression that comes with it].

Finally, notwithstanding the threats, spread of terrorism, cooperation between Islamic State and other opposition groups within the country, and encouraging youths towards Islamic fundamentalism, the Tajik authorities securitize the threat. This securitization and linkage of Islam to violent extremism allow Rahmon to undertake extraordinary measures such as militarization, restriction of religious freedom of the population through closing down mosques and forbidding religious education and teaching. Also, by using the threat from bordering with Afghanistan, president Rahmon attracts international donors for assisting him in maintaining border security. This assistance in fact gives him the resources to further strengthen his power over the country. Hence, linking Islam to violent extremism has given President Rahmon the power in order to justify his extraordinary measures and to further strengthen his power and dominance in Tajikistan. This paper also pointed out at how Islam [without understanding its essence] as carrier of extremism and fear, has been instrumentalized for accomplishing certain political goals. Hence, the concern is not longer a border one, rather instrumentalizing religion in order to maintain a strong hold on power.

References

1. “Afghan Refugees Rebuild Lives in Tajikistan”. (2013, December 12). Refworld. Retrieved June 30, 2019, from https://www.refworld.org/docid/52aaf4c94.html.
2. Ahmed, Mutahir. (1994). ‘Civil War in Tajikistan: Internal Strife and External Response.’ Pakistan Horizon 47, no. 4. 87-95. Retrieved June 30, 2019 http://www.jstor.org/stable/41393503.
3. Bahrom, Nadin. (2016, August 31). ‘Afghan Taliban Menace Tajik Border.’ Salaam Times. August 31, 2016. Accessed June 29, 2019. http://afghanistan.asia-news.com/en_GB/articles/cnmi_st/features/2016/08/31/feature-01?language_switcher=true.
4. Bayram, Mushfig. (2018, February 26). ‘TAJIKISTAN: Almost 2,000 Mosques Closed in 2017.’ Forum 18 News Service. Retrieved June 29, 2019. http://www.forum18.org/archive.php?article_id=2356.
5. Bleuer, C, Kazemi, S.R. (2014). “Between Co-operation and Insulation: Afghanistan’s Relations with the Central Asian Republics”. Afghanistan Analysts Networks. Retrieved 29, 2019. https://www.afghanistan-analysts.org/wp-content/uploads/2014/06/20140608-Bleuer_Kazemi-Central_Asia.pdf?fbclid=IwAR3evR6feoUXlNPQefR4imPpe2GMTZqx20EG3GsD6yCeQKn9-CINrr4qH1o
6. Cohen, J. (2019, June 26). Growing Extremism Threatens Fragile Tajikistan. Retrieved June 29, 2019, from https://www.themoscowtimes.com/2015/09/28/growing-extremism-threatens-fragile-tajikistan-a49896
7. Chernykh, Irina, and Rustam Burnashev. (2005). ‘Conditions for Securitization of International Terrorism in Central Asia.’ Connections: The Quarterly Journal 04, no. 1.131-42. Retrieved June 29, 2019. doi:10.11610/connections.04.1.09.
8. Crick, Emily. (2012, March 22). ‘Drugs as an Existential Threat: An Analysis of the International Securitization of Drugs.’ International Journal of Drug Policy23, no. 5 (2012): 407-414. Accessed June 29, 2019. doi:10.1016/j.drugpo.2012.03.004.
9. Edwards, Maxim. (2017, September 28). ‘Meet Tajikistan’s Embattled Islamists.’ Retrieved June 29, 2019. https://www.opendemocracy.net/en/odr/meet-tajikistan-s-embattled-islamists/.
10. Lemon, Edward J. (2015). ‘Daesh and Tajikistan: The Regimes (In)Security Policy.’ The RUSI Journal160, no. 5. 68-76. Retrieved June 29, 2019. doi:10.1080/03071847.2015.1102550.
11. Najibullah, Farangis. (2018, June 11). ‘Tajikistan’s Banned Islamic Party Claims Former Members Hit By ‘Wave Of Arrests’.’ Radio Free Europe/Radio Liberty. Retrieved June 29, 2019. https://www.rferl.org/a/tajikistan-s-banned-islamic-irpt-party–members-hit-by-wave-arrests/29283941.html.
12. Pannier, Bruce. (2017, June 23). ‘Tajikistan’s Civil War: A Nightmare The Government Won’t Let Its People Forget.’ RadioFreeEurope/ RadioLiberty. Retrieved June 29, 2019. https://www.rferl.org/a/qishloq-ovozi-tajikistan-civil-war/28575338.html.
13. Schwirtz, Michael. (2010, September 20). ‘Tajikistan Says Militants Were Behind Attack on Troops.’ Retrieved June 29, 2019. https://www.nytimes.com/2010/09/21/world/asia/21tajik.html.
14. Stanger, Allison K. (1995). ‘Identity, Migration and the New Security Agenda in Europe”. By Ole Wæver, Barry Buzan, Morten Kelstrup and Pierre Lemaitre. New York: St. Martins Press, Slavic Review54, no. 03. 839-40. Accessed June 29, 2019. doi:10.2307/2501845.
15. ‘Tajikistan Concern over Influence of Dai’esh.’ (2017, November 24). Deutsche welle. Retrieved June 29, 2019. https://p.dw.com/p/2ptif.
16. ‘Tajikistan Takes On The God Squad.’ (2015, January 28). Radio Free Europe/Radio Liberty. January 28, 2015. Accessed June 29, 2019. https://www.rferl.org/a/tajikistan-islamism-politics-extremism/26818031.html.

Fundamental Aspects Of Trading In Islam

Introduction

It is incumbent for Muslims to be aware in religious affairs which involve their lives in this world, among these is the dealings related to trade. Trade is by far the common means by which wealth is acquired and Islam recognizes its role. In this regard a Muslim should learn the rulings of trade before embarking on it to avoid himself from engaging in what is prohibited. There are many verses in the Quran and the Prophet sayings which highlight the significance of trading for example, Allah says: “It is no sin for you that ye seek the bounty of your Lord (by trading)…”[footnoteRef:2] [2: Quran 2:198]

The Prophet (Peace be upon him) said, ” May Allah be kind to a man of gentle dealings when he sells, when he purchases and when he gives decision.”[footnoteRef:3] [3: bukhari]

Islamic definition of Trade

In Arabic the word ‘Tijarah’ which means trade can be linguistically be translated to mean selling and buying in order to gain profit. In Islamic jurisprudence, trade would mean the ‘exchange of commodities based on mutual agreement of two, free, sane, adult owners who capable of handling over what they are trading’.[footnoteRef:4]Through trading is permissible in the Quran and Sunnah there are set conditions put forth to validate the transaction in accordance to the shari’ah. These conditions involve the persons trading and the goods been traded. [4: www.islamitijara.com fiqh-ul-muamalat]

Conditions in regards to the participants

1. Mutual consent

Allah has ordered[footnoteRef:5] that the transaction should be based on willingness to sell and buy, hence forced transactions render them invalid. [5: Surat nisa 4 ayah 29 “unless it be a trade with your mutual consent”]

2. Permissibility to engage in trade transaction

Both should be free (not slaves), adults (those who have reached puberty), sane and accountable. The transaction is deemed valid with a non-muslim, as being Muslim is not a necessity.

3. Ownership

The traded property should be owned by the parties[footnoteRef:6], however one can authorize a representative to sell or buy on his behalf. [6: The prophet said “do not sell what you do not have(or posses)Ibn majah 2187 3/30]

Conditions in regards to the goods

1. Goods must be permissible in shari’ah

It is forbidden for a Muslim to trade in goods which are haram as mentioned in Quran and Sunnah. Goods such as carrion, blood, pork, intoxicants and idols are impermissible to sell.[footnoteRef:7] [7: Quran 2:173 ]

2. Availability of the goods

The commodity been traded must be available or be certain that they can be handed over when the sale is concluded, with the exception for salam and istisna’.

3. The goods should not be anonymous

The specifications of goods and price should be known to both participants. Selling or buying unknown or unspecified goods is engaging in gharar[footnoteRef:8] which is prohibited. [8: The sale of what is not present.]

Ownership in Islam

Ownership (al-milkiyyah) is an Islamic legal term which signifies the relationship between a human being and property which renders the property specifically attached to him, hence, giving the owner the right to deal in that property unless there is legal impediment preventing him from such dealing (al-zuhaily, 2003:417).the Hanafis have defined ownership as a more general concept than property due to their consideration of usufruct of the property.

Islam does not forbid private ownership and it did not leave it unconstrained. Allah has forbidden the infringement of private property which has been acquired legally. (Quran, 4:29). However jurists have permitted political rulers to limit or impose regulations to the rights of ownership if that is beneficial to the society. They may also confiscate legally acquired property to meet social needs by stipulating a fair compensation.

Ownership can be generally of three main types: total and partial (sharikat al-milk) or in other words complete and incomplete. In total ownership the owner enjoys the legal rights connected with the ownership as well as the usufruct while partial ownership does not enjoy full rights as in total ownership. The other type is the communal or public ownership where an individual has no right to exclude another person unless it is legally acquired and converted into person.

Possession in Islam

In Islam Allah is the owner of all things, man only possesses the benefit of them in a manner permitted by shari’ah. The person who possesses all benefits of a thing is the absolute owner hence the person who has partial possession is designated by special name such as tenant or borrower. Possession could be classified either as legitimate (yad muhikka) or illegitimate (yad mubtila). Usurping is impermissible in Islam (Quran 2:188) that means taking other’s possessions in a forceful way, seizing them through unjust disputes and false oaths.

Possession is of considerable practical importance. For example if two persons are involved in a dispute over the ownership of a thing and one of them has the object in his possession, the burden of proof falls upon the other person, since possession is an outward indication of ownership until the contrary is proved.[footnoteRef:9] [9: Majid khadduri Herbert liebesny origin and development of Islamic law the lawbook exchange, ltd,2008 overt]

Differences between possession and ownership

Though both ownership and possession can be defined as the act, state, or right of possessing something there is a difference between the two. While possession is having physical custody or control of an object, ownership is the right by which something belongs to someone. Ownership gives the right to possession while possession does not necessary give right to ownership except in special cases for example where the property is ownerless. In this case the possession of such a property tends to become ownership.

Ownership can be transferred by means of a contract for example in case of the sell of property or inheritance while possession can be transferred less technically since those rights belong to the owner.

Significance of ownership in trade transaction

As mentioned earlier in the conditions of the trade to be valid is that goods must be in possession and available at the time of transaction. The prophet prohibited the sell of an item which is not in one’s possession; this is because such kind of transaction will involve the exchange of money for money while the commodity is not available and that is riba.

The prophet also forbade selling of the product in the place where it is bought until the merchants have taken it to their own places; this is to establish their ownership and to validate further transactions.

Conclusion

Despite Islam permitting trade it has laid down regulations to establish fairness and justice in transactions to the befit of society. The shari’ah entails a Muslim to be aware of his connection to Allah and to fear Him and to seek lawful means for his sustenance.