Chapter II: Etiquette of Marriage
Lawful Earnings: Earnings can be searched in six ways :
(1) Bargaining in buy and sale, (2) trade on interest, (3) taking advance payment, (4) to work on wages for labour and to accept pay and rental, (5) to do business through others advancing capital and (6) joint business in fixing shares. To know the rules of Shariat in these concerns is compulsory, as to search knowledge is compulsory for every Muslim. It was reported that Omar used to visit the markets and instruct some inexperienced tradesmen on whipping them and say ; Nobody shall carry on business in our markets who has got no knowledge of business.
(1) Bargaining in buy and sale: There are three subjects in ■ it — (a) Buyer and seller, (b) commodities for sale, (c) and contract for buy and sale, (a) With regard to the first thing, no transaction is valid with a minor, insane, slave or blind man. No minor and insane man have got any sin. No transaction is valid with a slave except with the permission of his master.
Transaction with a blindman is not lawful except with the consent of his representative. It is lawful to have transaction with an unbeliever but it is unlawful to sell arms to them, (b)
Commodities for sale. There are six conditions in it. (1) These must not be impure, such as dog, pig, dung, stool, wine, teeth of elephant, fat of impure animals. (2) Things of sale should be beneficial and necessary. Scorpions, rats, snakes and worms and insects under the earth are unlawful for transactions.
Instruments of songs, toys idols of animals are not lawful for buy and sale. Clothes on which there are animal pictures are not lawful for sale. (3) Commodities for sale must be in possession of the seller. (4) These should be fit for transfer according to Shariat. A fugitive slave, fish in water, birds in air, foetusin womb of an animal, milk in udder cannot lawfully be sold. (5)
Things for sale must be known, fixed and certain and not un fixed and uncertain . (6) Things to be sold must be in the possession of the owner. If the buyer sells it before possessing it, it will be unlawful.
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(c) Contract for buy and sale. The contract for buy and sale must be expressed in clear and unambiguous terms. Intention plays an important part in it. No condition can lawfully be imposed by one party after agreement is final . Auction sale is lawful if the terms are proclaimed before-hand. Imam Shafeyi held such auction as unlawful.