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04 Islamic Concept of Ownership
04 Islamic Concept of Ownership
Islamic Concept of
Ownership
Islamic Concept of Ownership
Ownership
(Definition,
Reasons / Causes &
Nature
Islamic Concept of Ownership
Ownership
(Definition, Causes
& Nature:
Definition:
• It means legal
possession and
authority of disposal
something valuable
in shariah
• It entails right of
control and
responsibilities for
risk
Islamic Concept of Ownership
Ownership
(Definition, Causes
& Nature:
Reason & Causes:
• To acquire
authorized and
permitted things
Through Contract
Compensatory
contract like sale
Non Compensatory
Contract like gift
Islamic Concept of Ownership
Ownership
(Definition, Causes
& Nature:
Reason & Causes:
• To acquire
authorized and
permitted things
Through Inheritance
as Successor
Through increase in
value
Islamic Concept of Ownership
Ownership
(Definition, Causes
& Nature:
Nature:
• Ownership may be
of following types:
Ownership of Assets
Ownership of debt
Ownership of
Usufruct or benefit
Islamic Concept of Ownership
Ownership
(Definition, Causes
& Nature:
Characteristics:
• The owner of a
physical thing has
ownership of its
benefits too but not
the other way round
Islamic Concept of Ownership
Ownership
(Definition, Causes
& Nature:
Characteristics:
• Ownership of
physical items is not
END time bound but
ownership of benefits
is time bound
• Ownership of
physical items can not
destroy by death of
owner but it transfers
Islamic Concept of Ownership
ْن ْم ْو َذ ْو
The Quran Says:
َو َر ْو َو ْن ْم ْم ُر ُء ْو ُس َن ْر
َفِا َّل َتْفَعُل ا َفْا ُنـ ا َاِبَح ِّماَل الّلٰـ ِه اَلُس ِلٖه ۚ ِا ُت ْبُتـ َفَلُك
ْو َن ْو َن َو ٍبَو
ُت ْظَلُم ْم اِلُك َت ْظِلُم
ْۚم
But if you did not do so, then get ready to
fight with Allah and His Messenger. And if
you repent you have the right for your actual
amount of wealth. Neither you wrong, nor
you will be wronged. [Q2: 279]
Islamic Concept of Ownership
The Real Natural of
Ownership (II):
Acting upon the
commands of
shariah:
• Islam grants such
END ownership rights
over all kinds of
property. However,
this ownership rights
are not absolute, but
conditional
Islamic Concept of Ownership
The Right of
Individual
Ownership(I)
Islamic Concept of Ownership
The Rights of
Individual
Ownership (I):
• Islam recognizes
individual right of
ownership of
consumer goods and
means of production
• Followings are a
brief description of
these rights
Islamic Concept of Ownership
The Rights of
Individual
Ownership (I):
The Right to use and
Expend
Right to Invest for
profit
Rent
The Right to
Transfer Ownership
Islamic Concept of Ownership
The Rights of
Individual
Ownership (I):
The Right to Protect
Property
The Right to
Accumulate Wealth
Islamic Concept of Ownership
The Rights of
Individual
Ownership (I):
The Right to Use
and Expend:
• Every individual can
use a thing in his
ownership to his own
or other’s benefit
Islamic Concept of Ownership
The Rights of
Individual
Ownership (I):
The Right to Use
and Expend:
• To make these things
more beneficial or
useful he can make
alterations or
additions to these
things through the
process of
production with
Islamic Concept of Ownership
The Rights of
Individual
Ownership (I):
The Right to Use
and Expend:
• It is the right of
owner to transform
END the natural shape of
a thing through
alteration or
addition
• This right of owner
extends to moveable
Islamic Concept of Ownership
The Right of
Individual
Ownership(II)
Islamic Concept of Ownership
The Rights of
Individual
Ownership (II):
Right to Invest for
Profit:
• It is the right of the
individual to earn
profit from the
things in his
ownership
• An individual can
invest his wealth in
lawful business to
Islamic Concept of Ownership
The Rights of
Individual
Ownership (II):
Right to Invest for
Profit:
• A man can adopt the
following means to
increase his wealth
1. Private Business
2. Musharkah
3. Mudarbah
4. Rent
Islamic Concept of Ownership
The Rights of
Individual
Ownership (II):
Right to Invest for
Profit:(Private Business)
• An individual can
undertake any
productive work
with the motive of
earning profit on the
following grounds
Islamic Concept of Ownership
The Rights of
Individual
Ownership (II):
Right to Invest for
Profit:(Private Business)
1. In business there is
both the possibility
of making profit or
loss. So if he faces
the loss then his
right is to keep the
profit as well
Islamic Concept of Ownership
The Rights of
Individual
Ownership (II):
Right to Invest for
Profit:(Private Business)
2. If he has incurred
loss
in the past or runs
the
risk of any future
loss
he has a right to the
current profit to
Islamic Concept of Ownership
The Rights of
Individual
Ownership (II):
Right to Invest for
Profit:(Private Business)
3. The process of
production is very
useful. It fulfills our
needs. Production
can continue only if
the individual has
the right to the
profit arising from
production
Islamic Concept of Ownership
The Rights of
Individual
Ownership (II):
Right to Invest for
Profit:(Musharkah)
• Partnership means
production or
trading in which two
or more persons,
with fixed capital,
join to share profit
or loss for which the
rate should be
predetermined.
Islamic Concept of Ownership
The Rights of
Individual
Ownership (II):
Right to Invest for
Profit:(Mudarbah)
• In this type of
partnership a person
hands over his
capital to a
businessman who
invests it in a venture
Islamic Concept of Ownership
The Rights of
Individual
Ownership (II):
Right to Invest for
Profit:(Mudarbah)
• In other words one
person provides the
capital the other
person uses it in
business
• The profit is shared
according to the
agreement
Islamic Concept of Ownership
The Rights of
Individual
Ownership (II):
Right to Invest for
Profit:(Mudarbah)
• The loss will be
solely borne by the
END capitalist
• The other person will
loose the labor he
expended on the
capital
Islamic Concept of Ownership
The Right of
Individual
Ownership(III)
Islamic Concept of Ownership
The Rights of
Individual
Ownership (III):
Right to Invest for
Profit:(Rent)
• The owner has the
right to rent out his
property for earning
profit
• Things that are
rented out must be
useable like land
machinery, house etc
Islamic Concept of Ownership
The Rights of
Individual
Ownership (III):
Right to Invest for
Profit:(Rent)
• These are the things
which remain intact
even after use which
means that they
don’t lose their
benefit after use and
they can be rented
out again and again
Islamic Concept of Ownership
The Rights of
Individual
Ownership (III):
Right to Invest for
Profit:(Rent)
• Cash can not be
rented out because it
looses its benefit.
• Cash does not
remain intact after
use and hence it has
no capacity to
transfer its benefits.
Islamic Concept of Ownership
The Rights of
Individual
Ownership (III):
The Right to Transfer
Ownership
• A person has a right
to transfer his
property to another
person.
• Property may be
transferred for a
price or free.
Islamic Concept of Ownership
The Rights of
Individual
Ownership (III):
The Right to Transfer
Ownership
• A person can
transfer his property
to another by the
following methods
1. By Sale
2. By Hiba (Gift)
3. By Will
Islamic Concept of Ownership
The Rights of
Individual
Ownership (III):
The Right to Transfer
Ownership (By Sale)
• Through sale the
ownership rights of a
thing are transferred
to another party for
some consideration
Islamic Concept of Ownership
The Rights of
Individual
Ownership (III):
The Right to Transfer
Ownership (By Hiba)
• Hiba (gift) means to
transfer the
ownership of a thing
to another person
without receiving
anything in return
• Generally Hiba
fulfills human needs
Islamic Concept of Ownership
The Rights of
Individual
Ownership (III):
The Right to Transfer
Ownership (By Hiba)
• Islam encourages the
practice of Hiba
(Gift) for helping the
weak people and for
fulfilling social
purposes
Islamic Concept of Ownership
The Rights of
Individual
Ownership (III):
The Right to Transfer
Ownership (By Hiba)
• The owner can avail
of the right of
END making Hiba (gift) of
his property only
before lying on his
deathbed.
Islamic Concept of Ownership
The Right of
Individual
Ownership(IV)
Islamic Concept of Ownership
The Rights of
Individual
Ownership (IV):
The Right to Transfer
Ownership (By Will)
• To make a will is the
right of a person to
assign a fixed share
of his wealth or
property to one or
more persons
Islamic Concept of Ownership
The Rights of
Individual
Ownership (IV):
The Right to Transfer
Ownership (By Will)
• Islam allows a
person to make a will
of only one-third
portion of his estate
• This right is granted
to other than heirs
Islamic Concept of Ownership
The Rights of
Individual
Ownership (IV):
The Right to Transfer
Ownership (By Will)
• No will can be made
in favor of the heirs
because their shares
have been
determined by
Islamic Law
Islamic Concept of Ownership
The Rights of
Individual
Ownership (IV):
The Right to Protect
Property
• Every owner has the
right to protect his
property and to save
it from trespass
• The owner can stop
the other people
from trespassing on
his property
Islamic Concept of Ownership
The Rights of
Individual
Ownership (IV):
The Right to Protect
Property
• In certain cases it is
obligatory so that the
important objects
which are attached
to ownership do not
fail
Islamic Concept of Ownership
The Rights of
Individual
Ownership (IV):
The Right to Protect
Property
Abdullah bin Umar
(Allah be pleased with
END him) reported that he
had heard the Holy
Prophet (SAW) sayings:
“He who dies in defense
of his property is
martyr”
Islamic Concept of Ownership
The Right of
Individual
Ownership(V)
Islamic Concept of Ownership
The Rights of
Individual
Ownership (V):
The Right to
Accumulate wealth
• A person can
accumulate wealth
and property within
certain limits.
Islamic Concept of Ownership
The Rights of
Individual
Ownership (V):
The Right to
Accumulate wealth
• It is undesirable only
when it is done
through avarice or
hoarding or cupidity
or by trampling
upon the rights of
others or through
foul means
Islamic Concept of Ownership
The Rights of
Individual
Ownership (V):
The Right to
Accumulate wealth
• Accumulation of
wealth is allowed in
both movable and
immovable property
for the purpose of
supplying the future
needs of one’s family
Islamic Concept of Ownership
The Rights of
Individual
Ownership (V):
The Right to
Accumulate wealth
• Accumulation of
wealth is also
allowed in achieving
good objects and
leaving an estate to
heirs
Islamic Concept of Ownership
The Rights of
Individual
Ownership (V):
The Right to
Accumulate wealth
• The prophet says:
“It is better to leave an
estate for the family
than to leave them
helpless paupers”.
(Sahih Bukhari)
Islamic Concept of Ownership
The Rights of
Individual
Ownership (V):
The Right to
Accumulate wealth
• Hazrat Usman (RA)
gave away lavish
sums as sadaqat for
the support of the
needy to prosecute
Jihad in the way of
Allah and on other
occasions
Islamic Concept of Ownership
The Rights of
Individual
Ownership (V):
The Right to
Accumulate wealth
• At his death he left a
very large estate
which he could not
have done without
accumulation
Islamic Concept of Ownership
The Rights of
Individual
Ownership (V):
The Right to
Accumulate wealth
• Similarly, Abdullah
bin Zubair and
END Abdul Rahman bin
Auf (Allah be
pleased with them)
also left huge estates
after death
Islamic Concept of Ownership
Limits of Private
Ownership
Islamic Concept of Ownership
Limits of Private
Ownership:
• The real owner of the
wealth is Allah
• It is Allah who
blessed the right of
ownership on man
• Man’s right of
ownership is not
absolute but it is
subject of limits and
restraints imposed
upon it by Allah
Islamic Concept of Ownership
Limits of Private Ownership:
The Quran
َن َا َا Says:
َن ُّد َو ْن َّد َر َر َو اَل َس َو
اْبَتِغـ ِفْيَمآ ٰا َتاَك الّلٰـ اَلُه الـ ا اٰاْل ِخ َةۖ َاْلَتْن َنِصْيَبَّنَك ِم اَلالـ ْنَياۖ ْحِس َك َمآ ْحَس
َن ُّب ْر َد َو
الّلٰـ ُه ِا َلْيَك ۖ َتْبِغـ اْلَفَسا ِفى ا ِض ۖ ِا الّلٰـ َه ُيِح اْلُمْفِسِد ْي
And that (wealth) which Allah has given you,
demand the hereafter with it and no not forget
your share of the world and do such good with the
people (as) Allah has done good with you and do
not desire (do) dispute in the land. Indeed Allah
does not love the disputers. [Q28: 77]
Islamic Concept of Ownership
Limits of Private
Ownership:
• In interpretation of
the verse of Al Qasas
Mufti Muhammad
Shafi writes
Whatever man owns
has been given to
him by Allah
Islamic Concept of Ownership
Limits of Private
Ownership:
wealth in some
END particular way. It is
his
prerogative to deny
you your right over
wealth in case it is
likely to cause strife
Islamic Concept of Ownership
ْد َن َا ْم
The Quran Says:
ُر ْم ْن ُد َل ْو َو
َسْيـ ٝه ۖ ُك ل
ِا ٰلى َم َي َخاُهـ ُشَعْيًباۗ َقا َيا َق ِم اْعُبَلوا ا ّلٰـ َهَزَماَنَل اَل ِّم ِا ٰلـٍه َغ
َو َو ْد َء ُك ْم ٌة ْن َّر ُك ْم ْو
َتْبَخُسوا الْنَّنا َا َق َجآ ْت اَل َبِّيَن ِّم ِّب َاْل ۖ َاَف ُفوا اْلَك ْياَل اْلِمْيـ ا
ْم ْم ٌر ْم َد ْر ْو ُد َء ْم َو
ْشَيآ ُهـ ُتْفِس ا ِفى ا ِض َبْع ِا ْص ِحَهاۚ ٰذ ِلُك َخْيـ َّلُك ِا ُك ْنُتـ
َن
ُّمْؤِمِنْي
]. [Q7: 85
Islamic Concept of Ownership
اَل ُّب
The Quran Says:
َّو ْو َو َر ْو َو اَل ْو ْم َد ْو َد َم ُذ
َيا َبِنٓى ٰا ُخ ا ِز ْيَنَتُك ِعْن ُك ِّل َمْسِجٍد ُك ُل ا اْش ُب ا ُتْس ُف اۚ ِا َّنه ُيِح
ِر َن
اْلُمْس ِفْي
ِر
O, family of (Hazrat) Adam! Remain good
with your adornment (turn out with clean
clothes) at the time of every prayer and eat
and drink and do not be spend extravagant.
Allah does not like extravagant. [Q7: 31]
Islamic Concept of Ownership
َو َن َذ َا ْو ْم ْو َو ْم ُر ْو َو َن َن
The Quran Says:
َو
اَّلـِذ ْي ِا آ ْنَفُق ا َل ُيْس ُف ا َل َيْقُتـ ا َك ا َبْي ٰذ ِلَك َق اًما
ِر
And when those people spend, they are not
careless in spending very much (extravagant)
and (they are) not miserly but they keep a
medium (moderate) between the two
(extremes).
[Q. 25: 67]
Islamic Concept of Ownership
Limits of the right to
use or spend (III):
Prohibition of
Extravagance (Israf)
• Ibn-e-Abbas (RA)
says:
“Avoiding extravagance
or boastful spending
you may eat what you
like and put on the
clothes you like.”
(Bukhari)
Islamic Concept of Ownership
Limits of the right to
use or spend (III):
Prohibition of
Extravagance (Israf)
• Israf which is
prohibited has
following aspects
1. To cross the limit of
moderation in
quantity and quality
Islamic Concept of Ownership
Limits of the right to
use or spend (III):
Prohibition of
Extravagance (Israf)
• Israf which is
prohibited has
following aspects
2. To ignore important
needs and spend
wealth on
unimportant
things
Islamic Concept of Ownership
Limits of the right to
use or spend (III):
Prohibition of
Extravagance (Israf)
• Israf which is
prohibited has
following aspects
3. Unjustified expenses
in the context of
general economic
condition of society
Islamic Concept of Ownership
Limits of the right to
use or spend (III):
Prohibition of
Extravagance (Israf)
• The purpose of these
teachings of the
Quran and the
Hadith is to observe
moderation in the
spending of wealth
and adopt a
balanced lifestyle
Islamic Concept of Ownership
Limits of the right to
use or spend (III):
Prohibition of
Extravagance (Israf)
• Man should use
goods according to
need
END • Unnecessary, useless
or excessive spending
should be avoided
• Man should not
spend beyond his
means or over and
above the need
Islamic Concept of Ownership
Limits of Profitable
Business (I)
Islamic Concept of Ownership
Limits of Profitable
Business (I):
• Islam has imposed
certain limits on
investing money or
property in
profitable business.
• Of these some limits
are those which
forbid the adoption
of an immoral course
of action
Islamic Concept of Ownership
Limits of Profitable
Business (I):
• Some limits are those
which prohibit such
lawful action as
under particular
circumstances causes
loss to the society,
even when the
intention is bona
fide.
• In this regard the
limits imposed by
Islam are as follows:
Islamic Concept of Ownership
Limits of Profitable
Business (I):
1. Immoral Acts
2. Ban on spurious
weights and
Measures
3. Avoid Adulteration
4. Ban on Hoarding
5. To conceal the
Defect of Goods
6. Charging Higher
Price
7. Charging Monopoly
Islamic Concept of Ownership
Limits of Profitable
Business (I):
Immoral Acts:
• Prominent among
the immoral acts are
Fraud
False representation
Exaggeration in
Advertisement
Un ethical
Advertisement
Islamic Concept of Ownership
Limits of Profitable
Business (I):
Immoral Acts:
• Prominent among
the immoral acts are
Presenting defective
goods as serviceable
Presenting low grade
goods as high quality
goods
Lying about the cost
price to induce the
purchaser to pay
Islamic Concept of Ownership
Limits of Profitable
Business (I):
Ban on spurious
weights and Measures:
• Islam commands
that weights and
measures should be
correct and fully in
accord with the
standard.
• Every lapse or
omission in this
regard is a
punishable crime
Islamic Concept of Ownership
Limits of Profitable
Business (I):
Avoid Adulteration:
• It is unlawful to
adulterate food items
and other goods and
to deceive the public
in this matter
Islamic Concept of Ownership
Limits of Profitable
Business (I):
Ban on Hoarding:
• It is forbidden to
indulge in hoarding
in order to raise the
price of goods.
• Similarly, it is
prohibited to create
artificial shortages in
order to sell at black
market rates
Islamic Concept of Ownership
Limits of Profitable
Business (I):
Ban on Hoarding:
• The prophet says:
“He who hoards in
order to raise the
prices for Muslims is
END a wrongdoer and
Allah takes no
responsibility for
him.”
• It is the duty of the
Islamic state to curb
the rise in prices due
Islamic Concept of Ownership
Limits of Profitable
Business (II)
Islamic Concept of Ownership
Limits of Profitable
Business (II):
To Conceal the Defect
of Goods:
• The Prophet (SAW)
says: “Muslims are
brothers unto each
other. It is not right
for a Muslim to sell a
defective thing to a
brother Muslim
without informing
him about its
defect.” (Mustadrak)
Islamic Concept of Ownership
Limits of Profitable
Business (II):
To Charge a Higher
price from a person in
Dire Need:
• It is forbidden to
take advantage of
the pressing need of
a person and charge
a black market price
from him
Islamic Concept of Ownership
Limits of Profitable
Business (II):
To Charge a Higher
price from a person in
Dire Need:
• Similarly it is
forbidden to exploit
the helpless state of a
person and purchase
his goods at low
price
Islamic Concept of Ownership
Limits of Profitable
Business (II):
Charging Monopoly
Price:
• Sometimes a
business achieves an
extraordinary
control of market
forces.
• If this has been done
by artificial methods,
it is wrong and
condemnable
Islamic Concept of Ownership
Limits of Profitable
Business (II):
Charging Monopoly
Price:
• But if the control has
been gained by
natural factors even
then undue
advantage should
not be taken of this
monopoly
Islamic Concept of Ownership
Limits of Profitable
Business (II):
Charging Monopoly
Price:
• To use this
monopolistic power
to raise the prices, to
indulge in
profiteering, to
charge exorbitant
rates of profit, to de-
standardize the
goods, to cut the
production below
Islamic Concept of Ownership
Limits of Transfer
of Ownership
Islamic Concept of Ownership
Limits of Transfer of
Ownership:
• The purpose of
transfer of property
should not be to
cause loss to any
body
• In exercising the
right of ownership
one should not be so
reckless as to be
guilty of
extravagance or
under use or
Islamic Concept of Ownership
Limits of Transfer of
Ownership:
• As a safeguard
against injurious use
of the right to
transfer ownership
Islam has granted
the right of pre-
emption to the
partner in the
property or the
neighbor.
Islamic Concept of Ownership
Limits of Transfer of
Ownership:
• According to the
right of pre-emption
the partner or the
neighbor has a prior
right to buy a
property on sale.
Islamic Concept of Ownership
Limits of Transfer of
Ownership:
• By enacting the law
of pre-emption Islam
seeks to protect the
individual interest of
the neighbor and
enhance the
collective interest of
the society
Islamic Concept of Ownership
Limits of Transfer of
Ownership:
• Similarly the right to
transfer property by
will has been
restricted to one-
third of the total
estate so that the
right of the real heirs
should not suffer
Islamic Concept of Ownership
Limits of Transfer of
Ownership:
• Similarly the owner
when on his
deathbed is
forbidden to transfer
property as a gift or
END in consideration of a
nominal price
Islamic Concept of Ownership
Limits of Right of
Protection
Islamic Concept of Ownership
Limits of the Right of
Protection:
• The owner has the
right to protect his
property
• However, those who
have a sharii right to
use this property can
not be stopped from
doing so.
Islamic Concept of Ownership
Limits of the Right of
Protection:
• The other
individuals or
institutions have
several moral or
legal rights in the
property of an
owner…. For
example, right to
protect one’s
ownership does not
mean that the owner
should stop tax-
Islamic Concept of Ownership
Limits of the Right of
Protection:
• Similarly
accumulation of
wealth is permitted,
but this right should
be exercised within
the limits of
moderation.
• Islam does not allow
any one to hoard
wealth in the coffers
and withhold it from
circulation in the
Islamic Concept of Ownership
Limits of the Right of
Protection:
• Stinginess is not a
less evil in the eyes of
Islam than
extravagance
• In fact, avarice is a
more deep-rooted ill
and gives rise to
many moral evils
• It diminishes the rate
of consumption in
the society
Islamic Concept of Ownership
Limits of the Right of
Protection:
• Even it adversely
affects the
circulation of wealth
and production of
goods which in turn
END has a bad effect on
the level of National
income, Employment
and the entire
Economic System