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Is Iqalah a cancellation of sale or a new sale? |
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Question 805) - Is Iqalah a cancellation of sale or a new sale?
A: It is a cancellation with regards the original parties and a new transaction with regards the rights of third parties. This is according to Imaam Abu Hanifa RAH.*
* e.g. A man had a right to buy a property first. He allowed it to be sold to someone else. The sale was then rescinded. The man again has a claim on the "new" sale.
~ al-Quduri ~ |
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What is the ruling if one of the two stipulates more or less than the original price? |
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Question 804) - What is the ruling if one of the two stipulates more or less than the original price?
A: The condition is void. The goods will be returned at the original price.
~ al-Quduri ~ |
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Allaah says, "O you who believe, when the call is made for the salah of the Day of Jumu'ah hasten to Allaah's remembrance and leave trade." |
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Question 802) - Allaah says, "O you who believe, when the call is made for the salah of the Day of Jumu'ah hasten to Allaah's remembrance and leave trade."
A: Thus trade from the Azan of Jumu'ah until the end of the salah is prohibited. Rasulutlaah (S.A.W) has also forbidden Najash [to increase a bid and raise the price for others without intending to buy it oneself]; offering a highier price after the seller had already accepted the buyer's offer; and a city person going out and buying the crops of the farmers as they come to the city; and city-folk taking the goods of farmers and selling it for themselves.
NOTE: If someone owns two child slaves who are blood relations of each other, then he may not separate them in a sale by selling each to different masters. If one is a child and the other an adult it would be Makruh to separate them but the sale would be valid. If they are both adults then there is no harm in separating them.*
* Rasulullah (S.A.W) said, "He who separates a mother from her child, Allaah will separate him from his loved ones on the Day of Qiyamah."
Rasulullaah (S.A.W) gave 'Ali RADI. a gift of two small brothers. He asked, "What has happened to the brothers?" He said, "One is sold." Rasulullaah (S.A.W) said, "Join them. Join them."
This applies to relatives who cannot marry each other. Thus relatives who can marry or those who cannot marry but are not blood relatives are not included in this rule. Thus a cousin who is also a foster-brother would be included in the rule.
~ al-Quduri ~ |
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What is Iqalah? What is its status in shari?ah? |
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Question 803) - What is Iqalah? What is its status in shari?ah?
A: It is the rescinding of a transaction after the buyer and seller had already completed it. It can only be rescinded with the consent of both parties and for return of the original price.
~ al-Quduri ~ |
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Do Kuffar living under Muslim rule have to observe Islaamic financial regulations in terms of validity and incorrectness of transactions? |
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Question801) - Do Kuffar living under Muslim rule have to observe Islaamic financial regulations in terms of validity and incorrectness of transactions?
A: They are bound just like Muslims, except in wine and pigs'. Their transaction with wine is just like a Muslim's transaction with juice. Their transaction with a pig is like a Muslim's transaction with a sheep.
~ al-Quduri ~ |
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