01 The three roots of the term
The questions will be worded just like the notes not the slides"
Boxes marked From the slides add detail from the instructor's slides. Where the slides and the notes differ, answer with the notes.
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.
Authority can be over a person (child custody — ḥaḍānah — guardianship, a ruler's authority to govern) or over a specific object (ownership).
Obligation can be financial (repaying a debt) or a performance (an employee doing contracted work, a parent raising their children).
08 The three financial rights
09 Incorporeal rights and the fiqh idea of māl
An incorporeal right is the authority of a person over something non-physical. In fiqh, ownership is not restricted to a tangible object: property (māl) is anything that possesses recognised value among people and may be lawfully utilised.
Because incorporeal rights meet that standard they count as māl: their owners may sell, buy, or lease them, and they are financial rights safeguarded by Shariah.
10 Copyright
Falls under intellectual property. It gives the author the right to use their work and to prevent others using or benefiting from it without consent; literary and material rights are fully reserved for the creator.
Who counts as the author
- The person who created the work.
- Whoever has their name published on it — unless proven otherwise.
- If no name is given, or a pseudonym is used, the publisher acts as the author's representative.
- Also includes anyone contributing to the creation of visual and audio work.
The two rights
| Literary right | Financial right | |
|---|---|---|
| Duration | Permanent | Temporary — a limited period |
| Transferable? | No — may not be permanently assigned to another | Yes — inheritors may publish after the author's death for financial benefit |
Why it is legally recognised — four reasons
- Benefits are compensable in Islam; intellectual property benefits society, so it earns compensation like any other benefit.
- General custom ('urf) already admits the author's right and that it can be compensated.
- Plagiarism is prohibited — misattributing statements is strictly forbidden.
- Rights correspond to responsibilities — "the benefit runs with the burden."
11 Patent (invention certificate)
Intellectual property giving its owner the legal right to exclude others from making, using, or selling an invention for a limited period — in exchange for publishing an enabling disclosure of it. In most countries patent rights fall under private law: the holder can sue an infringer.
The inventor's rights — only two
- The right to use the invention for a limited period.
- The invention should be registered under the inventor's name.
Four kinds of certificate
| Certificate | Conditions | Protection |
|---|---|---|
| Full-Rights | Strict qualifying conditions | Complete, comprehensive legal protection |
| Limited | More lenient criteria | Restricted compared to Full-Rights |
| Additive | For improvements or modifications to an already-certified invention | Covers the improvement |
| Importation | Introducing a foreign-developed invention for the first time | An exclusive commercial enterprise right — not protection for original inventorship |
Shariah ruling — three reasons
Recognised, because: benefits are compensable; plagiarism / false attribution is forbidden; rights correspond to responsibilities.
12 Trade name
The official name under which an individual or company conducts business. A trademark gives legal protection for a particular brand, which may be associated with a trade name.
Rights and ruling
- Exclusive right — exclusive use, distinguishing the business and preventing imitation.
- Transferable asset — measurable financial value; the owner may sell, gift, or transfer it.
Legally recognised, on condition it is not based on cheating or gharar. The reasoning mirrors Copyright's — all four reasons apply.
Trademark definition: names, words, signatures, letters, symbols, numbers, titles, seals, designs, graphics, images, distinctive engravings, packaging, shapes, colours or colour combinations — any sign used to distinguish a business's goods or services.
Saudi law: Saudi Arabia adopted the unified GCC Trademark Law (effective September 2016) and is a member of the GCC Patent Law and GCC Customs Law, which align IP practice across Saudi Arabia, Kuwait, Qatar, Oman, Bahrain, and the UAE. Patents and trademarks are both granted on a first-to-file basis, so protect them before launching a product.
| Feature | Copyright | Patent | Trade name |
|---|---|---|---|
| Year mentioned | 1886 | 1791 | 1909 |
| Protects | A creative work | An invention | A business identity |
| Owner's rights | Literary (permanent) + Financial (temporary) | Use it for a limited time + name on it | Exclusive use + transferable asset |
| Shariah reasons | 4 | 3 (no 'urf) — the slides show 4 | 4, plus the "no cheating / gharar" condition |
13 Insurance — definition and the two systems
The philosophy
Insurance rests on collective risk-sharing: one person could be crushed by a disaster's full cost, but pooling relief expenses across a large group makes the burden manageable. That cooperative ideal was compromised when insurance shifted from mutual aid to a profit-driven commercial enterprise.
14 Collaborative insurance
"And cooperate in righteousness and piety, but do not cooperate in sin and aggression." One verse, one word to hold onto: cooperate.
Three historical forms in Islam
Three modern systems
| System | How it works | Funded by |
|---|---|---|
| Retirement | Monthly pension at a set age (e.g. 55) or tenure (e.g. 20 years). No gharar — it is a donation contract, and labour are both insured and insurer. | Deducting part of the employee's monthly salary |
| Social Security | Government-run cover for laborers who live by handcraft or manual work — illness, disability, old age. | Salary deductions, collected Zakat, and direct government treasury support |
| Reciprocal | Non-profit solidarity run by charitable / mutual associations; members support any member in distress. E.g. a staff or village emergency fund. | Regular member donations into a pooled fund |
Legal ruling
Scholars agree social / cooperative insurance is fully lawful in all its forms, because it fulfils the Islamic objective of mutual solidarity rather than commercial profit.
How a collaborative contract actually works
Collaborative associations collect donated subscriptions, invest them, and use the pool plus investment profits to cover subscriber risks. Any surplus after settling claims belongs entirely to the participants — they can take it back or roll it into future payments.
15 Commercial insurance — mechanics
A contract between an insurance company and an insured person: the company is legally bound to pay the insurance amount covering risk or damage; in return the insured pays regular installments (premiums). The company profits from the gap between premiums collected and claims paid.
Emergence: began as marine insurance in northern Italy in the 15th century, then transferred to Islamic countries in the 19th century AD under the name "Saukarah."
Five elements of the contract
- The insurer
- The insured
- The specific risk
- The insurance installment — paid by the insured to the company
- The insurance amount — paid by the company
Five conditions of the risk
- Uncertain — its happening must not be certain.
- Not intentional.
- Not prohibited by law.
- A future event.
- A regular / ordinary danger.
Three types
16 Why commercial insurance is prohibited — and the three exceptions
| Reason | The argument |
|---|---|
| Gharar | A deceptive contract with heavy uncertainty. Every compensation contract containing deception is corrupted — the Prophet ﷺ forbade the deceptive sale. |
| Gambling | Mirrors wagering: one party gains at the other's unearned expense, on pure chance. An insured may pay one premium and collect a huge payout, or pay indefinitely and get nothing. The insurer assumes liability without having caused the damage. |
| Riba | Both forms. Pays the beneficiary more than was paid in → ribā al-faḍl. Pays back exactly what was paid → ribā al-nasī'ah. Pays nothing because no risk occurred → the company took the money illegitimately. |
Three exceptions
17 Commercial vs. collaborative — full comparison
| Dimension | Commercial insurance | Collaborative insurance |
|---|---|---|
| Ruling | Prohibited | Encouraged |
| Contract type | Compensative | Donation |
| Target | Profit | Collaboration and solidarity |
| Surplus | Not recalled to participants | Recalled — belongs to participants |
| Structure | Personal — an individual contract with a company | Common — a shared pool for the group |
18 Highest-yield items for the midterm
| 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. |
| Notes vs. slides | Answer in the notes' wording: 4 relevant terms, 9 qualifications, 8 steps — the slides show 3, 6, and 7. |
| Reason counts | Copyright 4, Patent 3 (no 'urf), Trade name 4 + condition. The slides show patent with 4 — answer with the notes. |
| F.L.A.I. | Full, Limited, Additive, Importation — and Importation protects no invention. |
| Riba mapping | More = faḍl, equal = nasī'ah, nothing = illegitimate taking. |
| G.G.R. | Gharar + Gambling + Riba — all three, never just one. |
| D.N.F. | Dependent, Necessity, Free. |
| Surplus rule | Belongs to participants; the managing company administers but keeps none. |
| Management fee (slides) | The managing body may deduct a sum for management effort only; the surplus is reinvested in the fund. |
| Dates | Marine insurance: 15th-century northern Italy. Reached Islamic countries: 19th century, as "Saukarah." |
| L stays, F pays | Literary right permanent and non-transferable; financial right temporary and inheritable. |
19 Flashcard glossary
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