01 The three roots of the term
Transactions split into four categories
02 The full definition and its four cases
| # | Case | What changed | Textbook example |
|---|---|---|---|
| 1 | Cases unknown in earlier ages | The transaction itself is new | Corporate companies, banknotes |
| 2 | Rules updated due to progress | The procedure | Handing over the key to transfer property is no longer required now that Property Registry Offices exist |
| 3 | New names, same old ruling | Only the label | Bank "interest" is still riba |
| 4 | Formulated from several old forms | Classical contracts combined | Murabaha; leasing contracts merging selling and renting |
03 Relevant terms
Four near-synonyms jurisprudents use for "a newly emerged issue that needs a ruling." Recognise them as one set; you are not asked to split hairs between them.
04 Four characteristics of transactions in Islamic jurisprudence
1 — Based on general bases and principles
Same divine source as worship (Qur'an + Sunnah), but legislated as broad principles and integrity rules rather than exhaustive detail — deliberately leaving room for ijtihad on newly introduced forms.
b. Al-Baqarah 2:275 — "Allah has permitted trade and has forbidden interest (riba)."
c. Hadith (Ibn Omar) — the Prophet ﷺ prohibited the gharar sale: no guarantee the seller can deliver (a runaway slave, fish still in the sea, an unborn camel).
2 — The original rule is permissibility (al-ibāḥah)
| Acts of worship | Transactions / contracts | |
|---|---|---|
| Default | Restricted | Permitted |
| Rule | Nothing added unless a text permits it | Nothing forbidden unless a truthful, clear text prohibits it |
| Reason | Avoids inventing new religious practice (bid'ah) | No evidence of prohibition = permissible |
3 — Based on reasons and benefits (ta'līl / maṣlaḥah)
Rulings on transactions are caused and benefit-bearing, which is exactly why they can be extended by analogy to cases the texts never named.
4 — Both flexible and constant
Constant in its fixed principles and prohibitions; flexible in the forms and procedures those principles are applied to.
05 The nine qualifications of a researcher
Resolving an emerging financial issue depends on ijtihad — the total effort of a qualified jurist (mujtahid) to deduce a ruling from detailed scriptural evidence. Nine requirements gate that.
06 The eight steps to a ruling
Sequence matters — questions ask what comes right after a given step.
- Pray to Allah for inspiration and right foresight on the case.
- Understand the subject deeply — what allows a confident judgment.
- Search the legal texts: the Qur'an and the Sunnah.
- Examine the case against the Companions' sayings and arguments.
- Search the jurisprudence of the four imams / schools.
- Search new sources — recent scholars' articles.
- Use his own opinion, if steps 1–6 have not settled it.
- If no legitimate rule can be reached at all: refrain from ruling — no fatwa.
07 The rights hierarchy
Two possible shapes: an authority (you are empowered) or an obligation (someone else is bound toward you). Everything below is just: which kind of authority, over what.
- Political rightsOrganise governance and its authorities — the right of election and nomination.
- Civil rightsEstablish the individual's interests directly.
- General rightsInherent personality rights — bodily safety, inviolability of one's residence. Denying them degrades human dignity.
- Private rightsArise from bonds between individuals, under private law.
- Family rightsGoverned by personal-affairs rules — custody, divorce.
- Financial rightsRights that could be evaluated with money.
08 The three financial rights
09 Highest-yield items for Major 1
| Item | Say it in one line |
|---|---|
| The four cases (N.U.R.C.) | New → Updated procedure → Renamed → Combined, each with its example. |
| Worship vs. transactions | Worship: restricted by default. Transactions: permitted by default. |
| The four categories (B.D.D.D.) | Bargains, Donations, Dropping, Documentation. |
| Step 7 vs. step 8 | Own opinion comes second-to-last; refraining is the true last resort. |
| P.M.I. | Personal = people, Material = matter, Incorporeal = ideas. |
| Gharar examples | Runaway slave, fish in the sea, an unborn camel's fetus. |
10 Flashcard glossary
Click or press Enter on a card to flip it. If you hesitate on one, go back to the block above it.