Quran Course
All BooksDownloads
All BooksDownloadsSystem Of Islam
Also visitSystem Of Islam
Built with love by StudioToronto.ca
Quran Course
All BooksDownloads
All BooksDownloadsSystem Of Islam
0%
The Economic System of Islam9 min readViewed 2 times

9 The Fifth Means Of Ownership


Another means of ownership is that which the individuals take from the properties of others without giving an alternate property or an effort. This means includes five types.

1. Rewards which the individuals give to each other. This could be in their lifetime such as a grant and a gift, or after their death such as the property of a will. An-Nisai and Ibn Ishaq narrated in the Seerah of the Messenger of Allah (pbuh) from ’Amr ibn Shu’aib from his father, from his grandfather that when the delegates of Hawazin came to the Prophet (pbuh) and asked Him to return to them the properties which He had gained from them as spoils, the Prophet (pbuh) said: “The spoils which belong to me and to the sons of ’Abdul-Muttalib are for you,” in other words they are a grant from me to you. Ibn’ Asakir narrated from Abu Hurairah that the Prophet (pbuh) also said: “Exchange gifts amongst yourselves so that you love each other.” It was narrated by Bukhari from Ibn ’Abbas that the Prophet (pbuh) said: “We do not set the bad example; the one who claims back his grant is like the dog which returns back its vomit.” There is no difference between a disbeliever and a Muslim concerning the grant and the gift. Granting a gift to the disbeliever is permitted and accepting that which He gives is like accepting that which a Muslim gives. It is narrated from Asma, daughter of Abu Bakr, who said: “My mother visited me while she was still a polytheist (Mushrik), included in the covenant which the Messenger of Allah (pbuh) had with Quraish (Treaty of Hudaibiyyah), so I consulted the Prophet, ‘O Prophet (pbuh) of Allah! My mother has love for me, should I give her a present?’ He (pbuh) said: ‘Yes.’” Bukhari narrated from Abu Hameed As-Sa’idi, who said that the King of Ayla gave the Prophet (pbuh) a white mule and a dress as a gift. As the grant (Hiba) and the gift (Hadiyyah) are the voluntary giving of property during the lifetime, the property of the will (Wasiyah) is the voluntary giving of property after the death. Allah (swt) says,

“It is prescribed for you, when one of you approaches death, if you leave wealth, that it be bequeathed unto his parents and relatives.” [Al-Baqarah: 180] It was narrated by Bukhari that Sa’ad ibn Waqqas said: “I was ill once in Makkah to the point I was approaching death. The Prophet (pbuh) came to visit me. So I said: ‘O Messenger of Allah, I have great wealth, and nobody inherits from me except my daughter. Can I bequeath two thirds of my property?’ He (pbuh) said: ‘No.’ I said: ‘Half of it?’ He (pbuh) said: ‘No.’ I said: ‘One third of it?’ He (pbuh) said: ‘The third is big (enough). It is better to leave your children rich than to leave them poor and begging from the people.’” Thus the person, by the means of the gift, the grant or the bequeathed property, is given ownership of the thing gifted, granted or bequeathed to him.

2. Property due to a person as a recompense for a harm which had befallen him, such as the blood money and the wound money. Allah (swt) said:

“He who has killed a believer by mistake must set free a believing slave and pay the blood money to the family of the slain.” [An-Nisa: 92] An-Nisai narrated that the Prophet (pbuh) wrote a letter to the people of Yemen and He sent it with Amr ibn Hazm; it included “The blood money for the (killed) person is 100 camels.” With regards to the wounds money, An-Nisai narrated from al-Zuhri from Abu Bakr ibn Mohammed ibn ’Amr ibn Hazm from his father from his grandfather that the Prophet (pbuh) wrote to Him a letter saying: “The blood money is paid in case of the amputated nose, the tongue, the two lips, the two testicles, the penis, the spine and the two eyes. Half the blood money is paid for one leg. For the wound, which reaches inside the head (even scraping the scalp) one third of the blood money, and for the wound which reaches inside the stomach, or inside any member of the body one third of the blood money. In the wound which breaks the bones 15 camels.” The blood money for the one slain intentionally is due to his inheritors from the killer. It is narrated by ibn Majah from ’Amr ibn Al-Ahwas that the Prophet (pbuh) said: “The one who incurs a crime does that on himself only.” In case of the non-intentional killing, like the killing which appears like it is intentional or that committed by mistake, the inheritors of the slain are entitled to claim the blood money from the close relatives of the killer. Bukhari narrated from Abu Hurairah, who said: “Two women from Hudhail quarrelled; one of them threw a stone at the other and killed her and the embryo in her womb. They complained to the Prophet (pbuh). He ruled that the blood money for the women’s embryo was a slave (male or female), and He ruled that the blood money of the woman was for her close relatives (’Aqilah).” ’Aqilah means the one who bears the ’Aqal. ’Aqal here means the blood money. ’Aqilah includes all the close relatives of the killer, fathers, sons, brothers, uncles (fathers’ brothers) and their sons. If the killer has no ’Aqilah, the blood money is taken from the Bait ul-Mal because the Messenger of Allah (pbuh) paid the blood money of the Ansari who was killed in Khaybar from the Bait ul- Mal. It was also narrated that a man was killed in a crowd at the time of ’Umar and his killer was not known so ’Ali said to ’Umar, “O Leader of Believers, no blood of a Muslim is wasted, so pay his blood money from the Bait ul-Mal.” Regarding wounds such as the breaks (fractures) of the head or the face, or the cutting (amputating) of a member of the body or a piece of flesh or, the disablement of a faculty such as the disabling of hearing, sight and mind where one of these wounds occurs to a person, then He deserves money on these wounds according to the detailed rules of each member in each case. By means of the blood money due to a person from the blood money of the slain or for the damaged member or for the faculty disabled, this person owns that money or property.

3. The marriage money and other additional things (such as a house, gifts) of the marriage contract due to the woman are owned according to the detailed rules of marriage. This property is not an exchange of a benefit because the couples mutually exchange benefit (satisfaction). It is rather due through the Statement of Shar’ah. Allah (swt) said:

“And give unto women (whom you marry) free gift of their marriage portions” [An-Nisa: 4] i.e. willingly, and by taking the due money which Allah (swt) prescribed. This money is a gift, because each of the couple enjoys his partner. Ahmad narrated about Anas who said: “Abdurrahman ibn ’Awf was wearing a dress of saffron so He (pbuh) said: ‘Are you passionately in love?’ He said: ‘O Messenger of Allah, I have married a woman.’ The Prophet (pbuh) said: ‘What gift did you give to her?’ He said: ‘A date seed weight of gold.’ The Prophet (pbuh) said: ‘May Allah bless you. Make a feast even with one sheep.’” 4. The picked up property (Luqatah). If a person found a lost thing, the matter has to be examined. If the thing could be saved and be described to people such as gold, silver, jewellery or dresses, and it was away from the area of the Haram (the Ka’bah) then it is allowed to be picked up for possession. This is because of what Abu Dawud narrated from ’Abdullah ibn ’Amr ibn al-’As that the Messenger of Allah (pbuh) was asked about lost things picked up from the road and He said: “Whatever of it was found in a used road or a village, you have to announce its description for one year. If its owner came, it is his, otherwise it is yours, and there is duty on it as on hidden treasure (one-fifth to the State).” If the found thing was found in the Haram it is not considered Luqatah because the Luqatah of the Haram is prohibited according to what came in the Hadith narrated from ’Abdurrahman ibn ’Uthman that the Messenger of Allah (pbuh) forbade the Hajj (pilgrim) from picking such things. In that case it is not permitted to pick it except to protect it for its owner because the Messenger of Allah (pbuh) said: “No one is allowed to pick a fallen thing except the one who is looking for it,” as narrated by Bukhari.

If the found thing was not of the kind that can be saved as it will not remain suitable, like for example, food such as a melon and the like, then the person has a choice between eating it and paying its price to its owner if found, or selling it and keeping its price for one year. All this is in the case of Luqatah (a picked thing) which would usually be claimed as it has a value and its owner would not have ignored it if it was lost. If it was of the trivial things such as a piece of fruit or a piece of food (mouthfuls worth) and the like, He does not need to announce its description and He may own it at once.

5. Recompense given to the Khalifah and those whose work is considered to be ruling. This is not given to them in exchange for their work, but rather as a recompense for being prevented from practising their own business. These rulers own the property from the moment they take it because Allah (swt) made it Halal for them. Abu Bakr took a property as a recompense for being prevented from trading when He was asked to exert all of his effort in taking care of the Muslims affairs, and the Sahabah made Ijma’a on that.

All these five types or properties, the gift, recompense for damage, marriage money, Luqatah and recompense to the rulers, in all cases are not possessed in exchange for another property or for an effort. Possessing the property in these cases is one of the legal means of ownership by which the person owns the taken property.

← Previous chapterNext chapter →
Chapters (110)
  1. 11 Introduction to the Economic system
  2. 21.1 The Capitalist Economic System
  3. 31.2 The Economic System versus Economic Science
  4. 41.3 The Socialist Economic System
  5. 52 Economy
  6. 62.1 The Basis of the Economic System
  7. 72.2 The View of Islam towards the Economy
  8. 82.3 Economic Policy in Islam
  9. 92.4 The General Economic Principles
  10. 103 Types of Ownership
  11. 113.1 Private Ownership
  12. 123.2 Definition of Private Ownership
  13. 133.3 The Meaning of Ownership
  14. 143.4 The Means of Owning Property
  15. 154 The First Means of Ownership - Work
  16. 164.1 Cultivation of Barren Land
  17. 174.2 Extracting that which exists inside the earth
  18. 184.3 Hunting
  19. 194.5 Mudharaba
  20. 204.6 Share Cropping - Musaqat
  21. 214.7 Hiring-Employing an Employee
  22. 225 The Work Of The Employee Worker
  23. 235.1 Definition of the Work
  24. 245.2 The Type of Work
  25. 255.3 Duration of the Work
  26. 265.4 Wage for Work
  27. 275.5 The Effort Spent in the Work
  28. 285.6 The Ruling Regarding Hiring Over Prohibited Benefits
  29. 295.7 The Ruling of Hiring Non-Muslims
  30. 305.8 Hiring Someone to perform Worships and Public Services
  31. 315.9 Who is the Employee?
  32. 325.10 The Basis upon which the Assessment of the Wage is Established
  33. 335.11 Estimating the Employee's Wage
  34. 346 The Second Means Of Ownership
  35. 356.1 Inheritance
  36. 367 The Third Means of Ownership
  37. 377.1 The need for Property for Sustenance
  38. 388 The Fourth Means Of Ownership
  39. 398.1 That which the State gives of its Properties to the Citizens
  40. 409 The Fifth Means Of Ownership
  41. 419.1 The Property obtained by Individuals
  42. 4210 The Way To Dispose Of Property
  43. 4310.1 Right of Disposal
  44. 4410.2 Increasing Property
  45. 4510.3 The Rules of Lands
  46. 4610.4 Cultivation of Barren Land
  47. 4710.5 Disposal of Land
  48. 4810.6 Preventing the Leasing of Land
  49. 4911 Trading And Manufacturing
  50. 5011.1 Trade
  51. 5111.2 Manufacturing
  52. 5212 The Laws Of Partnership Companies
  53. 5312.1 The Company in Islam - Partnership
  54. 5412.2 The Company of Equal - Al-Inan
  55. 5512.3 The Companies of Bodies - Al-Abdan
  56. 5612.4 The Company of Body and Capital - Mudharaba
  57. 5712.5 The Company of Reputation Faces - Wujooh
  58. 5812.6 Company of Negotiation - Mufawadha
  59. 5912.7 Dissolving the Company
  60. 6013 Capitalist Companies
  61. 6113.1 Commercial Company of Joint Liability
  62. 6213.2 Joint-Stock Company - Share Companies
  63. 6313.3 Shares of the Share Stock Company
  64. 6413.4 Co-operative Societies
  65. 6513.5 Insurance Ta’meen
  66. 6614 The Prohibited Methods of Increasing Ownership
  67. 6714.1 Gambling
  68. 6814.2 InterestUsury (Riba)
  69. 6914.3 Criminal Fraud
  70. 7014.4 Deceit in Trade
  71. 7114.5 Monopoly
  72. 7214.6 Price-Fixing
  73. 7315 Right of Disposal to Spend in Gifts and Maintenance
  74. 7416 Public Property (AlMilkiyyah Al- Ammah)
  75. 7517 State Property
  76. 7618 Nationalised Property is neither Public nor State Property
  77. 7719 Seclusion (Hima) in the Public Interests
  78. 7820 Factories
  79. 7921 Bait ul Mal (The State Treasury)
  80. 8021.1 Revenues of Bait ul-Mal
  81. 8121.2 The Expenditures of Bait ul-Mal
  82. 8221.3 The State Budget
  83. 8321.4 Zakat
  84. 8421.5 The Head Tax (Jizya)
  85. 8521.6 The Land Tax (Kharaj)
  86. 8622 Distributing Wealth among the People
  87. 8722.1 Economic Equilibrium in Society
  88. 8822.2 The Prohibition of Hoarding Gold and Silver
  89. 8923 Riba and Currency Exchange (Sarf)
  90. 9023.1 Riba (Interes-tUsury)
  91. 9123.2 Currency Exchange (Sarf)
  92. 9223.3 Exchange Transactions
  93. 9324 Money-Currencies (An-Nuqood)
  94. 9424.1 The Gold Standard
  95. 9524.2 Benefits of the Gold Standard
  96. 9624.3 Problems facing the Gold Standard
  97. 9724.4 The Silver Standard
  98. 9824.5 Metallic Money
  99. 9924.6 Paper Money
  100. 10024.7 Issuing of Currency
  101. 10124.8 Exchange Rate of Currencies
  102. 10225 Foreign Trade
  103. 10325.1 The Reality of Foreign Trade
  104. 10425.2 Balance of Tarde
  105. 10525.3 Currency-Monetary Relations Between Countries
  106. 10625.4 Foreign Trade Policy
  107. 10725.5 Free Trade
  108. 10825.6 Protectionism
  109. 10925.7 National Economy
  110. 11025.8 Policy of Self-Sufficiency