Legitimate trade from the perspective of Islamic law

Subject Areas : Nameh Elahiyat

Maryam Ebn Torab ¹ (Assistant Professor Islamic Azad University - North Tehran Branch)

Received: 2020-09-19 Accepted : 2020-09-19 Published : 2019-05-22

Keywords: trade, no harm, Islamic Economics, contract conditions, mustache denial, murmur, necessity of transactions,

Abstract :

The issue of economics and earning money is one of the most important issues in the world today, as it is one of the most powerful weapons in the Cold War. Although trade has been common among human beings since ancient times, but at any time, based on how the relations between people in society and progress in various scientific fields, has taken on a new face. For example, e-commerce is a new form of it in today's society. One of the issues in Islamic societies is the adaptation of day-to-day business practices to the rules of the holy sharia of Islam, and the answer to the question: Is it lawful to earn money in emerging ways? The present study aims to express the characteristics of legitimate business, in order to distinguish legitimate businesses from others. Examining the jurisprudential and legal books, these results were obtained: First, it respects private property according to the rule of Islamic domination, and every owner has the right to seize his property, except in cases where it has been prohibited for a reason. Another is that the purpose of the legal teachings of Islam about trade is not to express a specific type of trade and income among Muslims, but the characteristics of legitimacy are mentioned as conditions for the parties to the contract and the contract, to avoid possible differences and losses. The Islamic community should be prevented, so indefinite contracts have also been accepted. Also, the permissible conditions that the parties to the contract want. On the other hand, adherence to obligations and contracts is an inalienable principle of Islamic law, and contracts can be terminated only in special circumstances and based on the wishes of the parties or based on the protection of individual and social interests.