The Prohibited Methods of

Increasing Ownership
• The Islamic Shari’ah made the increase of ownership restricted with
limits that are not allowed to be violated. Hence a person is
prevented from increasing ownership in certain ways, included in
which are:
• Gambling,
• Interest/Usury (Riba),
• Criminal Fraud,
• Deceit in Trade,
• Monopoly,
 Gambling
• Shari’ prevented gambling absolutely, and it considered the monies
earned by this means as if not owned. Allah (SWT) said:
• "O, you who believe! Verily khamr (alcohol/intoxicants) and gambling
and idols and divining arrows are only an infamy of Satan's
handiwork. Leave them aside in order that you may succeed. Satan
seeks only to cast among you enmity and hatred by means of alcohol
and games of chance, and to turn you away from remembrance of
Allah and from the prayer. Will you then stop (doing that)?" [Al-
Ma'idah: 90-91]
• "Do not approach the filth (rijs) of idols," [Al-Hajj: 30]
 Interest/Usury (Riba)
• Shari’ah prohibited usury absolutely, regardless of its percentage, whether
it was high or low. The usury gain is definitely Haram; nobody has the right
to own it, and it has to be returned to its original owners if they were
known. Allah (SWT) said:
• "Those who devour (take) interest (riba) cannot stand except as the one
whom the Satan, by (his) touch, drives him to madness. That is because
they say: Trade is just like riba, whereas Allah permitted trade and forbade
riba. The one to whom an admonition from his Lord comes and he refrains
(in obedience thereto), he shall keep (the profits of) that which is past, and
his affair (henceforth) is with Allah. As for him who returns (to usury), such
are rightful owners of the fire. They will abide therein eternally." [Al-
Baqarah: 275]
• "O, you who believe! Observe your duty to Allah, and give up what
remains of your demands for usury, if you are (in truth) believers. And
if you do not, then take notice of war (against you) from Allah and His
Messenger. And if you repent then you have your capital (without
interest). Deal not unjustly, nor be dealt with unjustly." [Al-Baqarah:
278-279].
 Criminal Fraud
• Fraud linguistically means deceit, so if it is said that he defrauded him
in selling and buying, it means that he deceived him, and subdued
him. Deceiving in the price means to sell something for more or less
than it's worth. Criminal fraud is prohibited in Shari’ because it was
confirmed in the authentic Hadith that deception is forbidden
decisively. Bukhari narrated from 'Abdullah ibn 'Umar that a man
mentioned to the Prophet (SAW) that he deceives in trading; the
Messenger of Allah (SAW) said:
• "If you entered into trading say there is no deceit (khilaba).“
• "Forbade selling animals left unmilked" (as deception).
• Ad-Daraqutni mentioned from Muhammad ibn Yahya ibn Hibban that he said
that the Messenger of Allah (SAW) said:
• "If you purchased say there is no deception, then in every commodity you
purchased you have the choice after three nights to accept (the commodity)
and thus hold it or to return it back to its owner."
• Ahmad ibn Hanbal narrated from Anas that a man at the time of the
Messenger of Allah (SAW) used to trade while he was mentally weak; his
relatives came to the Messenger of Allah (SAW) and said: 'O Prophet of Allah,
declare so and so person as legally incompetent (i.e. prevent him from
disposition) because he trades while he is feeble minded; so the Prophet of
Allah (SAW) invited him and forbade him from selling; he said: 'O Prophet of
Allah, cannot bear not to trade.' The Messenger of Allah (SAW) said: "If you are
not going to stop trading, say: look at this look and at that, there is no deceit.'"
 Deceit in Trade
• The sale contract is originally binding. So once the contract by the
offer and acceptance between the seller and the purchaser was
completed, and the meetings of sale finished, then the sale contract
becomes binding and the two sides have to execute it.
• Shari’ made it prohibited for the people to deceive in trading, and it
made the one who deceives sinful whether he was the seller or the
purchaser, and whether deception was in the commodity or the
currency; all of this is prohibited (Haram), since deceit could occur
from the seller or from the purchaser.
• Abu Hurairah narrated from the Messenger of Allah (SAW), who said:
• "Do not tie the udder of the camels and sheep, and whoever
purchased it after doing that, he has the choice after he milked it
either to hold it if he liked it or to return it back together with a sa'a (a
cubic measure) of dates." And it is also due to what Ibn Majah
narrated from Abu Hurairah who said that the Messenger of Allah
(SAW) said: "Whoever bought a camel or a sheep with a tied udder,
he has the choice to return it within three days together with a sa'a of
dates or wheat.
• That he prohibited the selling of animals that are left not milked.
• Ibn Majah narrated from `Uqbah ibn `Amir from the Prophet (SAW)
that he said:
• "The Muslim is the brother of the Muslim, and it is not allowed for a
Muslim to buy a faulty thing from his brother without him being
shown that fault.“
• "No one of us is allowed to deceive“
• "Any (human) flesh that grows from illegal (suht) property will not
enter paradise, then the Hellfire deserves it more",
 Monopoly
• Monopoly is prevented absolutely, and it is forbidden in Shari’ due to
the decisive prohibition of it that came explicitly in the Hadith. S'aid
ibn Al-Musayyab narrated from Mu'ammar ibn Abdullah Al-'Adawi in
Bukhari that the Prophet (SAW) said:
• "No one monopolises except the wrongdoer.“
• Al-Athram narrated from Abu Umamah, he said:
• "The Messenger of Allah (SAW) forbade that a foodstuff be
monopolised".
• Monopoly is prohibited (Haram) in all things without a difference
between the human foodstuff or animal foodstuffs, a foodstuff or not
a foodstuff, and of the people's necessities or luxuries. This is because
the linguistic meaning of the word monopolised (Ihtakara) is to
compile a thing in its absolute sense (without specification). The word
monopolised did not come in the meaning of compiling the foodstuff
or the people's necessities, rather compiling the thing, so it should
not be confined to other than its linguistic meaning.
 Price-Fixing
• Allah (SWT) has left to everybody the right to sell his commodity at the price
he likes. Ibn Majah has narrated from Abu S'aid, that he said, the Messenger
of Allah (SAW) said: "Selling (trading) is by consent." But because it is
possible that the State (government) may force pricing over the people, Allah
(SWT) prohibited it to set certain prices for commodities and then force
people to trade (selling and buying) according to them; therefore, price-fixing
was prohibited.
• "Prices increased at the time of the Messenger of Allah, so they said, O
Messenger of Allah, we wish would you price (fix the prices). He (SAW) said:
"Indeed Allah is the Creator, the holder (Qabidh), the Open-handed (Basit),
the Provider (Raziq), the Pricer (who fixes prices); and I wish I will meet Allah
and nobody demands (complains) of me for unjust act I did against him,
neither in blood or property."
 Public Property (Al-Milkiyyah Al-
Ammah)
• Public property is the permission of the Lawgiver to the community to
share the use of the asset. Assets that are public property are those
that the Lawgiver stated as belonging to the community as a whole,
and those which He (SWT) prevented the individual from possessing
any of them singularly. This is categorized in three types:
• 1. That which is considered a public utility, so that a town or a
community would disperse in search for it if it were not available.
• 2. The uncountable reservoirs of minerals.
• 3. Things that, by their nature, would prevent the individual from
possession.
• Ibn 'Abbas narrated that the Prophet (SAW) said:
• "Muslims are partners (associates) in three things: in water, pastures and fire,"
• Prophet (SAW) was asked about the Luqatah (article picked from the road) he
said:
• "That which was picked from the publicly used road, or the village, you have to
announce it for one year, if anyone demands it, give it to him, and if not, it would
be yours; but if it is found in sites of ruin, then a fifth of it and of the hidden
treasure (Rikaz) has to be paid to the Bait ul-Mal," narrated by Abu Dawud.
• At-Tirmidhi narrated from Abyadh ibn Hammal
• That he came to the Prophet (SAW) and asked him to grant him a salt laden land,
and he granted it to him. And when he left, one person in attendance with the
Prophet (SAW) said, "Do you know what you granted him? You granted him the
uncountable water (Al-'udd)." He (SAW) then took it away from him."
• With regards to Abu Dawud's narration that the Prophet (SAW)
granted Bilal ibn Al-Harith Al Muzni the minerals (mines) of the
Qabaliah; and also what Abu Ubaid's narrated in his book (Al Amwal)
from Ikrimah that he said:
• "The Prophet (SAW) granted Bilal such a land from such a place to
such a place, and that which existed in it of mountains or minerals.“
• This Hadith does not contradict the Hadith of Abyadh. This Hadith is
rather to interpret that these minerals that the Prophet (SAW)
granted to Bilal were limited, and thus allowed to be granted, as the
Prophet (SAW) did when he first granted the salt mineral to Abaydh.
• As for the things whose nature prevents them from coming under the
domain of individual ownership, they are the assets that consist of the
public utilities. Although they fall within the first category because they are
from the community utilities, they differ however from it in respect of their
nature which prevents them from being possessed by individuals.
Individuals, for example, could possess water, but this is prohibited if the
community cannot manage to live without it, unlike the case with roads
that certainly cannot be owned by any individual.
• Therefore, although the evidence for this category is that the divine reason
(‘Illah) is applicable to it and that it is from the community utilities, however
its nature indicates that it belongs to the public property. This category
includes roads, rivers, seas, lakes, public canals, gulfs, straits and the like.
Also included are things like Masjid, State schools, hospitals, playgrounds,
shelters etc.
 State Property
• The State property is that property in which the Muslims masses have
a right, and its management is left to the Khalifah who may assign
some of it to them according to what he deems as appropriate. Thus,
every property whose expenditure is subject to the opinion and Ijtihad
of the Khalifah is considered as State property. The Law Giver has
made certain funds State property, where the Khalifah has the right to
dispose of them according to his opinion and Ijtihad, such as the,
Kharaj (land tax), Jizya (head tax) and the like.
• Zakah is not considered a State property. It is rather the property of
the eight categories assigned by the Shari’ah. The Bait ul-Mal is the
place where the funds will be kept so as to be spent on the designated
areas.
 Seclusion (Hima) in the Public
Interests
• There is a right for all the people to benefit from the public utilities, for the
purpose for which they are designated. They should not be used except for
the purpose for which they are designated. Thus, it is not allowed to use a
road for the purpose of a recess (parking for a break), nor parking to trade,
nor anything that the road did not exist for. This is because the road exists for
the purpose of travelling upon it; unless it were to be used in such a way that
does not interfere with travelling; and this marginal use is evaluated as that
which does not cause harm or difficulty for passersby. Rivers also should not
be used for other than the matter, which they exist for. The Prophet (SAW)
said: Also no one is allowed to designate for himself anything from the
public utilities, like the pastures, Masjid and seas. The Prophet (SAW) said:
• "There is no seclusion (Hima) except for Allah and His Messenger,"
• The origin of seclusion (Hima) to the Arabs was that their chief, when
he camped in a fertile place, would let a dog bark at the top of a high
place, and wherever the voice of the dog reached on all sides, that
area would be protected for him, and no one would be allowed to
send his cattle (flock) to graze inside it, while he was still able to graze
his flock with other people in other places. So the sanctuary (Hima) is
the protected place, and it is different from the allowed (Mubah)
place. Thus, Islam prevented people from secluding any of the public
things for their own use to the exclusion of the others.
 Factories
• The factory, in its essence, is one of the individual properties. It is one
of the things that are allowed to be owned by individuals. It has been
confirmed that individuals used to own factories at the time of the
Prophet (SAW), such as those for manufacturing shoes, clothing,
swords and other goods. The Prophet (SAW) consented to them and
he had the Minbar manufactured by them, which indicates that the
individual ownership of factories is allowed. But the Hukm (divine
rule) of the factory is decided by the nature of the material which it
manufactures, and the evidence of this is that the Muslims are
prohibited to possess factories that produce wine, according to the
Hadith which states that Allah (SWT) cursed the one who presses
(grape to make) the wine and the one who orders this to be done.
• Therefore, every factory whose manufactured product is of the public
property, is allowed to be owned publicly, or by the State or by
individuals from whom the State is allowed to hire. Likewise, every
factory whose manufactured product is of the private property is
allowed to be owned by individuals because this is from the individual
ownership.