Al-Mal (Property)

Question 1: Define the meaning of al-Mal. The lingual meaning of the Arabic word mal includes all things which can be acquired, possessed and owned by individuals. Individual ownership over a certain thing can only be established when it is acquired and possessed. Things that which are not possessed or secured cannot be considered as private property (mal). Question 2: Write three verses of al-Quran that deals with al-Mal.

(Surah an-Nisa, 4:5)

(Surah al-Fajr, 89:20)

(Surah al-Baqarah, 2:188)

Question 3: Explain the content of those cited verses. The first Quran-ic verse above explains that wealth is created by Allah to be a means of subsistence for mankind. As stated in the verse: And do not give the weak-minded your property, which Allah has made a means of sustenance for you, but provide for them with it and clothe them and speak to them words of appropriate kindness. (Surah an-Nisa, 4:5) We can observe that the conduct of daily activities of mans life is based upon wealth which is essential to meet his needs. In order to maintain the struggle for acquisition of wealth, God had also created in man the desire for food, drink, marital relationship and the like. This leads to a more determined and keen effort on his part. The only problem is that, the desire to earn wealth does not stay restrained. It becomes excessive instead. Referring to this the Holy Quran has warned mankind in the following words: And you love wealth with exceeding love. (Surah al-Fajr, 89:20) Within limits, the love for wealth is harmless. However, if this love exceeds the limits, it makes man commit all types of sins, and excesses which have always been a source of grief for humanity. These excesses appear to be getting worse as the limitations that every religion has placed on the love of wealth have been shattered and religion no longer puts forth the control over mankind that it once did. The 3rd verse of the Holy Quran quoted above tells us about the limitations on acquisition of wealth set. This Divine command has been stated simply in the words: And do not consume one anothers wealth unjustly or send it (in bribery) to the rulers in order that (they might aid) you to consume a portion of the wealth of the people in sin, while you know (it is unlawful). (Surah al-Baqarah, 2:188)

However, by adding the Arabic word kum ('your') to amwaal ('property'), our attention is drawn to the harsh reality. It tells us that the wealth one consumes dishonestly really belongs to someone else. All dishonest means for the acquisition of wealth are included in this definition. It would be useful to learn the meaning of the Arabic word baatil at this point. Baatil means the opposite of truth, i.e., falsehood. Use or consumption of anything that does not rightfully belong to a person is falsehood. Thus, wealth acquired by means of stealing, armed robbery, murder, embezzlement, fraud, inappropriate expenditure, bribery, profiteering, adulteration, black-marketing, smuggling, or anything obtained by breaking a Divine commandment, or the law of the land is unlawful (haram), and man has no right over it. Question 4: Write three ahadith that highlights on al-Mal. Explain the importance of accumulating al-Mal according to the cited ahadith. Islam recognizes an individuals rights to own properties. However, the right to own properties is not an absolute right but is subject to certain conditions. In acquiring ownership over properties a Muslim is bound to observe certain limitations. Once wealth is acquired in a lawful way a Muslim is prohibited from hoarding or accumulating wealth. He should invest his wealth in a useful way that would boost the economy and create job opportunities for others. This would make the wealth to be in circulation and benefit others. A Muslim is also commanded to spend his wealth for the sake of Allah (S.W.T) and help his next of kin and the poor by giving them their due, charities and zakat. This is clearly declared in the hadith below. It is related that Abu Hurayra said that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever gives in sadaqa as much as a date from honest earnings - and Allah only accepts what is good - Allah will accept it in His right hand and will then increase it in size for the giver, just like one of you might rear a foal, until it is the size of a mountain. [Hadith narrated by Bukhari]

There are numerous people who are obsessed with making heaps of money and constantly worrying that their wealth is not going to be enough for them these days. Their insecurity, however, does not let them enjoy what they are blessed with. As it is clearly stated in the hadith below, true wealth is the wealth of contentment. This is a gift from Allah (S.W.T) and it lives as satisfaction in the heart of a person. The Prophet (S.A.W) said, It is not wealth due to bountiful assets owned; rather real wealth is those that result in serenity and tranquility in life. [Hadith narrated by Bukhari & Muslim]

It is our right to defend that which Allah has blessed us with. Muslims are told not to surrender their lives, properties, families or Islamic lifestyles to usurpers. Allah (S.W.T) tells us to defend our families, properties and religion. If we are victorious, we maintain control over what is ours. Should we die in the process of defending any one of these things, then it is the best death of a shaheed or martyr. This explanation is derived from the hadith below. A person came to the Prophet (S.A.W) and said: Rasulullah, what do you say if a man comes to me in order to obtain my possessions? Rasulullah said: Dont surrender your possessions to him. The inquirer asked: If he fights me? Rasulullah remarked: Then fight (with him). The inquirer asked again: What do you think if I am killed? Rasulullah answered: You would be a martyr. The inquirer asked: What do you think of him if I kill him? Rasulullah said: He would be in the Fire.

[Hadith narrated by Muslim] Question 5: What constitutes al-Mal? The issue of what constitutes mal is left to the custom and common usage of the people as the concept of property is continuously expanding to accommodate new forms of wealth. It is therefore not possible to permanently determine the boundaries beyond which a certain thing could not be considered as a property. The only permanent criterion that deprives a certain thing from being considered as a property is its prohibition as prohibited things can never be accorded the status of property under the Shariah. The Hanafis define property (mal) as a thing that can be possessed and which is customarily used by the people. It is a thing that is desired by human nature which can be stored and used when it is needed. Meanwhile, according to the ShafiI, Malikis, and Hanbali who constitute the majority of the fiqh schools, a private property (mal) includes all permissible things which have financial value, for the destruction of which a person is held responsible. In short, what constitutes wealth is something that could be accumulated, in the form of material assets like money, real estate, and such. Conversely, non-material assets could be also mounted up as wealth. For instance, intellectual capital, copyrights, and the like. Question 6: Discuss the classification of al-Mal. There are six ways to classify al-Mal. First of all, al-mal can be classified as valuable (mutaqawwim) or non-valuable properties. Valuable things are all things that can be owned which are permissible to the Shariah. Meanwhile, non-valuable properties are those that are possessed but prohibited by the law such as wine. Each transaction that is linked to the non-valuable things is invalid. The next method to classify property is as an immovable and movable property. Immovable properties (iqar) are properties which can be transferred from one place to another or permanently on a certain spot and cannot be moved to another place. On the other hand, movable property (manqul) are possessions that can be moved or property

which does not have a permanent spot such as car, book, phone, and others. Movable property can be changed to the immovable property and vice versa. Apart from that, property also can be grouped into similar or dissimilar property. Similar property are properties that refers to the ones that can be substituted with other similar things with the same quantity, such as barley, rice, wheat, corn, gas and others. This property could be found in the market and can be sold by the unit of weight. On the contrary, the dissimilar property is the property that cannot be sold with the unit of weight such as house, stationery, clothes, etc. The significant of this category is that the division in similar property is considered obligation, which we have to give the right things and amount regardless the brand or the quality. This means that the contract that binds with the homogenous property is indeterminate. For the non-homogeneous property, it is classified as specific thing. Lets say we borrow a pen, we have to return the same pen to the right person. Next effect is usury may occur during the transaction and if once the similar property is destroyed, the owner could replace with another similar property but if a dissimilar property is destroyed, the price has to be paid. Besides that, property is categorized as useable and perishable property. Useable (istimali) are properties which can be used after once we have used it such as house, furniture, and computer. The perishable property (istihlaki) are the type of things that we cannot use after we consume it once. An easy example is food. Perishable property cannot be rent out, but, it is permitted to lend or borrow. Classification of property is also set by cash (nuqud) and goods (urud). Cash is referred to any monetary value such as gold, silver and currencies while goods is consider as merchandise goods that are not weighable or measureable. The last classification is tangible and intangible property. Tangible property refers to the things that can be seen or can be sensed by our senses such as table, road and building. Intangible property are the properties that cannot be seen or do not have a physical appearance such as services, financial and intellectual.

Al-Milk (Ownership)

Question 1: Define the meaning of al-Milk. Ownership refers to a bundle of rights over a property to the exclusion of others. It allows him to exploit property and to appropriate or dispose of it in a lawful way. Question 2: Choose three verses of al-Quran that explains al-Milk and explain their meanings.

Say, O Allah, Owner of Sovereignty, You give sovereignty to whom You will and You take sovereignty away from whom You will. You honor whom You will and You humble whom You will. In Your hand is [all] good. Indeed, You are over all things competent. It is stated in the above Quran-ic verse that Allah gives sovereignty and property to the man that He wants. Allah tests human beings with ownership. The verse above shows that everything we own are all from Allah. Ultimate ownership is from Allah. Allah knows what the best are for us and Allah will give the best for us. We as a khalifah must take the amanah that He has given us with full responsibility and utilize our properties based on that amanah.

To Him belongs what is in the heavens and what is on the earth and what is between them and what is under the soil. Everything on the earth, heaven, between heaven and earth, and under the soil belongs to Allah. Allah owns everything. Everything belongs to Allah. We as khalifah, must believe that, whatever we own, are all from Allah.

O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent. And do not kill yourselves [or one another]. Indeed, Allah is to you ever Merciful. The ayah, O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent, represents that we can become an owner of a property through contracts of sale by doing businesses. We cant own property by doing illegal thing and unjust to people, do not consume one another's wealth unjustly. Question 3: Select three ahadith of the Prophet that discusses al-Milk and explain their content. Man is instinctively inclined to own properties. Denial of ownership right would amount to a denial of human nature. Islam therefore recognizes and upholds an individuals right to private property and ownership. However, like other rights the right of ownership is not absolute. It is subject to certain restrictions and regulations as a Muslim holds a property in trust for which he is accountable to Allah (S.W.T).

Islam along with the security of life guarantees security of ownership of property to every human being. Such right is applicable only to property, which has been legally acquired. The above statement was emphasized on the occasion of the speech addressed to the Muslims by the Holy Prophet S.A.W. in his farewell Hajj when he said: Your lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection. (Hadith narrated by Sahih Muslim) The hadith above clearly states that Islam prohibits unlawful encroachment of one anothers life and property. Along with security of life, Islam has with equal clarity and deftness conferred the right of security of ownership of property. No persons property is lawful to be taken except by his consent. (Hadith narrated by Muaz) The above hadith warned men not to approach and take up somebody elses property through unlawful means. It also prohibits possession by all methods that lead to the destruction and loss to any individual or the society at large. Islam calls for the principle of lawful permission for ownership and keeps conditions and limitations ensuring ownership without oppression and exploitation to others. A person or proprietor is entitled in law to the right of private defense over his property. The right of private ownership is protected but may be limited by legislation or the law. Neither the individual nor the State is entitled to interfere or expropriate one's property on any grounds not recognized by the law. The Qur'an clearly prohibits the believers to encroach upon another's property unless it is through legal means, lawful trade and agreement by consent. Relevant hadith on this point declare to the effect: What belongs to a Muslim is forbidden to others except by virtue of his consent. (Hadith narrated by Abu Bakr) Question 4: What is the classification of al-Milk?

Al-Milk or ownership can be grouped into two parts. The first part is complete ownership and the other part is incomplete ownership. Before going into the meaning of classification, lets us understand more deeply about Al-Milk. As stated above al-Milk carries the meaning of ownership. The ownership is referring to the right of an individual to own certain property. First and foremost, there is complete ownership. This is a type of ownership that a person could retain over a certain property and the property should give benefits to the owner. The property that we own must be legal and give advantages to us. This will entitle him to the all right over the property. The owner has the power all over his property. Its up to the owner what to do with all his property. The property will continues benefit to the owner as long as the owner did not transfer it through a valid agreement. The second category of ownership is incomplete ownership. Incomplete ownership is a type of ownership that is not only benefit to the owners but sometimes its usufruct to others. Under this type of ownership, there are other three types of ownership. There is ownership over rights, ownership over property and ownership over usufruct. Ownership over rights is known as huquq al-irtifaq. This type of possession is the rights included in a land such as the right of water, right of irrigation and right of next door neighbors. This privilege cannot be independently traded unless someone who possess the land. Next, the ownership over property refers to the property owned by a particular person and it gives benefits to others. For example, a company owns an empty building, since a group of individuals are interested to have shopping mall in the building, so they rent the building from the company and start their own business. This type of ownership is known as Milk al-Ayn. Lastly, is the ownership over usufruct which describe that the property is owned by a person but it benefits others. This type of ownership could be obtained through borrowing (iarah), lease (ijarah), endowment (waqf) and will (wasiyyah). In cases where will is made, the heir and the person who benefits the property should know the duration of it. In example, when the actual owner died, the person who usufruct the property should return

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back the property after a certain duration to the heir to be his complete ownership. This type of ownership is known as Milk al-Manfaah. Question 5: Discuss the main characteristics of ownership. 1. Ownership over usufruct or beneficial ownership is temporary. It lapses at the

expiry of a specified time. Ownership over usufruct may also come to an end when the property is defective and can no longer be used. 2. A beneficial owner could be subjected to certain conditions and restrictions

concerning the use of the property.

3.

Accordingly to the Hanafis a beneficial ownership is non-transferable upon

death to the heirs as they do not include usufruct in their definition of properties. However, to the majority of fiqh Schools usufruct is a type of property and could be inherited. 4. A beneficial ownership entitles a person to possess the property. As such the

beneficial owner has to treat the property as a trust and take all necessary measures to protect it. If the property is destroyed or becomes defective while in his possession, he is not held liable unless negligence on his part is proven.
5.

A beneficial owner is not responsible for the maintenance expenses of the

leased property. However, if ownership over usufruct is obtained through a borrowing (iarah) the borrower is responsible for maintenance expenses of the borrowed property.

Question 6: What are the main differences between Milk al-Ayn and Milk alManfaah? The main difference between Milk al-Ayn and Milk al-Manfaah is the type of ownership. The ownership of Milk al-Ayn is only over the property itself whereas the ownership of Milk al-Manfaah is over the usufruct.

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In Milk al-Ayn an individual may possess a thing as well as the benefits flowing from it even if he may temporarily be separated from its benefits through contract such as like an owner leasing out his house to another person or mortgage it as security for a debt. It also refers to circumstances where a property is owned by one person and its usufruct or a benefit is owned by another. In a lease or rent of a house the legal ownership will belong to the lessor, whereas the usufruct is owned by the lessee. The lessee has the right to take the tenure of the house and use it for the period of the lease. During leasing period the ownership of the property is considered as not complete as he cannot lease the same house to another person or either to sell it without the lessees permission. Milk al-Manfaah refers to the asset which the ownership is legally owned by another person while the benefit of it is enjoyed by another person as if he owns its usufruct. It is also referred as beneficial ownership where the ownership can be obtained through borrowing, leasing as well as endowment (waqf). For instance, a person can transfer the corpus of his certain property to the ownership of Allah S.W.T while dedicating its usufruct forever just for a certain religious and charitable purpose. This is considered as waqf. The beneficiaries of such property (waqf) do not own the waqf property instead they just own its usufruct or benefits.

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