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ISC213 · Midterm Cheat Sheet — Lectures 1–4
Concept, Ijtihad, Rights & Insurance — Lectures 1–4
بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ

Midterm Cheat Sheet: Lectures 1–4

All four midterm lectures on one page for the hour before the exam — definitions in their exam wording, every numbered list with its mnemonic, the exact count of Shariah reasons behind each incorporeal right, and the two insurance systems kept on separate tracks so their reasoning never blurs together.

4lectures covered
18quick-reference blocks
58flashcards
Lecture 1 · Block 1–3

01 The three roots of the term

Notes first — from the instructor
"Girls I uploaded the slides but don’t depend on them
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.
TransactionsThe lawful rules regulating financial dealings carried out between people.
FinanceFrom "money" — anything with material value among people, whose use is permitted, given ease and free choice.
ContemporaryThe recent, modern age. A one-line definition — do not overthink it.
Mnemonic — T.F.C.
"Trading Follows Custom." Transactions (the rules) + Finance (the value) + Contemporary (the era). If you can say what each word contributes alone, you can rebuild the full definition from scratch.

Transactions split into four categories

B
Bargains
Sale and leasing.
D
Donations
Grants, will, and endowment (waqf).
D
Dropping
Ending an obligation — e.g. abolishing a debt.
D
Documentation
Mortgage, bail (warranty), draft (transfer of debt).
Mnemonic — B.D.D.D.
Buy it, Donate it, Drop it, Document it.
Common mistake
Dropping ends a right (nothing is exchanged). Documentation protects a right (the obligation still stands). Waqf is a gift with no return, so it is a Donation, never a Bargain.
From the slides
The slides give the Arabic names: Dropping = Isqatat (إسقاطات), Documentation = Toutheeqat (توثيقات).
Lecture 1 · Block 4–5

02 The full definition and its four cases

"They are financial cases which emerged in the contemporary age — cases that changed in their rules because of progress or changed circumstances, and cases that bear new names, or consist of many old forms."Definition of Current Financial Transactions
Mnemonic
NEW · CHANGED · RENAMED · COMBINED — four words, and you have the definition without memorising it verbatim.
Identifying the definition — the 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
Mnemonic — N.U.R.C.
New → Updated procedure → Renamed → Combined.
Common mistake
Cases 2 and 3 get swapped constantly. Ask one question: did the process change (case 2, key → registry), or just the name (case 3, interest → riba)?
"People among my Ummah will drink Khamr, calling it by another name."The Prophet ﷺ
Lecture 1 · Block 6

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.

Emerged cases
Occurrences
Incidences
Fatwa
Mnemonic — E.O.I.F.
Emerged, Occurrences, Incidences, Fatwa.
From the slides — answer with the notes
The slides list only three terms — emerged cases, incidences (Waqeaat, وقائع), and fatwa — and leave out "occurrences". Exam questions follow the notes, so keep all four.
Lecture 1 · Block 7–11

04 Four characteristics of transactions in Islamic jurisprudence

Mnemonic — "Please Permit Reasonable Flexibility"
Principles (general, not detailed) → Permissibility (the default ruling) → Reasoning (benefit-driven) → Flexible-yet-fixed.

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.

Evidence
a. An-Nisaa 4:29 — do not consume one another's wealth unjustly, but only in lawful business by mutual consent.
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).
Mnemonic
"Mutual Consent, No Riba, No Gharar" — the three evidences map to three red flags.

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
Evidence
"If anyone introduces in our matter something which does not belong to it, it will be rejected." (restriction principle, for worship) — and the Qur'anic subjection of the sea, heavens, and earth to people, so they may seek His bounty.

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.

From the slides
The slides word characteristic 3 as "based on logical reasoning and what benefits the people" — a plain way to remember ta'līl and maṣlaḥah. For characteristic 4 the slide only asks "how so?" — the answer is the line above.
Lecture 2 · Block 1

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.

Q
Qur'an
Comprehensive understanding of it.
H
Hadith
Comprehensive understanding of the Sunnah.
I
Ijma'
Knowledge of legal consensus, so no ruling contradicts a settled one.
A
Arabic
Grammar, rhetoric, vocabulary, linguistic nuance.
S
Skill of ijtihad
A jurisprudence talent for understanding fiqh issues.
H
Honesty
In word and action — avoiding major sins, not persisting in minor ones.
M
Maqasid awareness
Preserving faith, life, intellect, lineage, and wealth.
R
Research ability
Eliciting rulings from contemporary scholars' books.
U
Understanding reality
Lived circumstances, so rulings apply effectively.
Mnemonic — two groups
Knowledge base QHIA (Qur'an, Hadith, Ijma', Arabic), then practical qualities SHMRU (Skill, Honesty, Maqasid, Research, Understanding reality).
Common mistake
Listing only the book knowledge and dropping the character items. Honesty, maqasid awareness, and lived reality are graded just as often.
From the slides — answer with the notes
The slides pack the same content into six conditions: (1) knowledge of the Qur'an, the Sunnah, the issues of consensus and controversy in jurisprudence, the fundamentals of jurisprudence, and Arabic; (2) being self-jurisprudent — a jurisprudence talent; (3) honest in speech and just in his religion, avoiding major sins and leaving minor ones; (4) aware of the Shari'a's purposes; (5) able to elicit rules from established rulings; (6) familiar with reality. Two small extras: knowing where scholars disagreed, and the fundamentals of jurisprudence. Exam questions follow the notes, so list the nine.
Lecture 2 · Block 2

06 The eight steps to a ruling

Sequence matters — questions ask what comes right after a given step.

  1. Pray to Allah for inspiration and right foresight on the case.
  2. Understand the subject deeply — what allows a confident judgment.
  3. Search the legal texts: the Qur'an and the Sunnah.
  4. Examine the case against the Companions' sayings and arguments.
  5. Search the jurisprudence of the four imams / schools.
  6. Search new sources — recent scholars' articles.
  7. Use his own opinion, if steps 1–6 have not settled it.
  8. If no legitimate rule can be reached at all: refrain from ruling — no fatwa.
Mnemonic
"Pious Understanding Searches Companions, Imams, Sources, forms an Opinion, or else Refrains."
Common mistake
Personal opinion is the second-to-last resort, not an early step. And if opinion cannot produce a legitimate rule, the correct move is to refrain — not to guess.
From the slides — answer with the notes
The slides show seven steps: they skip "use his own opinion" and go straight from new sources to refraining, and word step 3 as "collating the case to the legitimate texts." Exam questions follow the notes, so give all eight in order.
Lecture 2 · Block 3–6

07 The rights hierarchy

"An exclusive entitlement by which the Law (Sharī'ah) establishes an authority or an obligation."Definition of Rights

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.

Mnemonics down the chain
Political = you and the state; Civil = you and your own interests. General = rights you hold just by being human; Private = rights that need a second party. Family = cannot be priced; Financial = can be priced.
From the slides
Who assigns rights? Rights in Islam are divine grants drawn from the sources of Shari'a rulings. There is no legitimate right without evidence, so the origin of every right is Allah — there is no ruler but Him and no legislation but His.
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).
Lecture 2 · Block 7

08 The three financial rights

P — People
Personal rights
A law relation between two people, like creditor and debtor. Also called "commitments."
M — Matter
Material rights
A direct authority given by law over a material thing. Also called "property rights."
I — Ideas
Incorporeal rights
The "rights of innovation" — authority over something non-physical, like intellectual creations.
Common mistake
Personal and Material get confused because both seem to involve another person. The test: does the right point at a person's obligation (Personal — someone owes you money) or at a thing (Material — you own the land)? If neither a physical thing nor another's debt is involved, it is Incorporeal.
From the slides
The slides' rights diagram calls material rights "material / corporeal" and hangs the three incorporeal rights off that branch: copyrights, patents, trademarks — Lecture 3 in one picture.
Lecture 3 · Block 1–2

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.

Mnemonic
"Value + permitted use = property." Nowhere does that formula say physical — which is exactly why copyright can be owned property in fiqh.

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.

C — 1886
Copyright
Protects a creative work.
P — 1791
Patent
Protects an invention.
T — 1909
Trade name
Protects a business identity.
Common mistake
The years are not in chronological order as listed. Patent (1791) is oldest, then Copyright (1886), then Trade name (1909). Know both the list order and the real timeline.
From the slides
The slides also call incorporeal rights intellectual rights, and tie the copyright date to the Berne Convention for the Protection of Literary and Artistic Works (1886).
Lecture 3 · Block 3–6

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.

Common mistake — what does not qualify
Merely abstracting or collecting existing information with no creative contribution is not innovation and is not protected the same way. Interpreting, adding detail, correcting mistakes, or summarising for students does count as creating.

Who counts as the author

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
Mnemonic — "L stays, F pays (for a while)"
Literary = permanent, non-transferable. Financial = temporary, inheritable.

Why it is legally recognised — four reasons

  1. Benefits are compensable in Islam; intellectual property benefits society, so it earns compensation like any other benefit.
  2. General custom ('urf) already admits the author's right and that it can be compensated.
  3. Plagiarism is prohibited — misattributing statements is strictly forbidden.
  4. Rights correspond to responsibilities — "the benefit runs with the burden."
Evidence
"Whoever lies upon me deliberately, let him take his seat in the Fire." Accurate attribution lets an author take credit for good, or bear responsibility for harm.
Mnemonic — B.C.P.R.
Benefit → Custom → Plagiarism → Responsibility.
From the slides
Copyright lets the author use and exploit the work. "Author" also covers the writers of texts, scenarios, and dialogue in visual and audio works. The slides name one condition for protection: the work must be creative to any extent — composing something new, or interpreting, adding detail to, correcting, or summarising an existing work. Reason 4 appears as "the entitlement to gain is accompanied by the burden of loss."
Lecture 3 · Block 7–10

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.

Mnemonic
"Exclusivity in exchange for disclosure."

The inventor's rights — only two

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
Common mistake
The Importation Certificate is the odd one out: it does not protect an invention at all.

Shariah ruling — three reasons

Recognised, because: benefits are compensable; plagiarism / false attribution is forbidden; rights correspond to responsibilities.

The sharpest trap in the lecture
In the notes, patent has three reasons — it drops the "general custom ('urf)" reason that Copyright and Trade name both carry. If a question lists four reasons for patent legitimacy, 'urf is the intruder.
From the slides — answer with the notes
The slides show four reasons for the patent right, including general custom ('urf) — the same four as copyright. The instructor said the questions follow the notes, so answer with three.
From the slides
A second definition: a patent is a document issued by an official office, working in the name of different countries, on request. It gives the owner the right to use the invention named in it and to benefit by selling or distributing it. The slides also set a class activity on the SAIP (Saudi Authority for Intellectual Property) website: what does intellectual property mean, what is a patent, and what are the conditions for obtaining one?
Lecture 3 · Block 11–13

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.

M
The Trademark
Distinctiveness (tells your goods from competitors'), Consumer attraction (goodwill and loyalty), Market surveillance (monitor competitors, catch imitation).
S
Commercial / shop sign
Designates the premises and gains reputational value over time; usually incorporates the trader's civil name, legal title, or another distinctive designation.
L
Location
The commercial store's place and position.
Mnemonic — M.S.L., then D.C.M.
Trade name = Mark, Sign, Location. The trademark's own three functions = Distinctiveness, Consumer attraction, Market surveillance.

Rights and ruling

Legally recognised, on condition it is not based on cheating or gharar. The reasoning mirrors Copyright's — all four reasons apply.

Common mistake
Trade name is the only one of the three with an explicit conditional caveat. Do not drop it when answering a trade-name ruling question.
From the slides
Names used on the slides: the three parts of a trade name are the slogan / trademark, the commercial address, and the location. The trademark functions appear as "functions of the trade name": attracting clients, differentiating the goods from similar goods, and restricting competition to protect the product.
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.
The three incorporeal rights, side by side
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
Mnemonic
Only Patent drops to three reasons. Only Trade name adds a condition. Copyright is the default four-reason case.
Lecture 4 · Block 1–3

13 Insurance — definition and the two systems

LinguisticallyFrom security against fear — stillness of heart, confidence, trust.
Technically"A contractual system based on the principles of compensation or donation, or a mixture of both. One party commits to provide monetary compensation to another party in the event of an incident or similar occurrence."

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.

Mnemonic
"Started as sharing the burden. Became selling the promise." That sentence is the hinge the whole lecture swings on.
From the slides
The slides draw the philosophy as a crowd: everyone pays in, only the few marked in red are hit by a disaster, and the pooled money covers them. Everyone carries a small, certain cost so no one carries a large, sudden one.
Halal
Collaborative / social
Donation-based, mutual solidarity, no profit motive. Fully lawful
Haram
Commercial / profitable
Compensation-based contract sold by profit-making companies. Prohibited with three narrow exceptions.
Mnemonic — C²
Collaborative = Cooperation. Commercial = Cash-for-risk. Same first letter, opposite rulings.
Lecture 4 · Block 4–7

14 Collaborative insurance

Evidence
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى
"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

Z
People of Zakat
Those hit by major unavoidable harm — in debt and unable to pay, or extremely poor — helped through the alms of the wealthy. (At-Tawbah 9:60 lists the eight categories.)
K
Kinship system (Aqilah)
Blood money (diyah) for accidental homicide is distributed among the killer's paternal male relatives, who pay the victim's family.
S
Social solidarity
The Ash'arites pooled all their food when supplies ran low and redistributed it equally. The Prophet ﷺ praised them.

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.

Mnemonic
"Donation contract → no riba → fully lawful." The entire ruling in nine words.

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.

Common mistake
The managing company may administer the surplus and its investment interest, but may not keep any of it. Ownership stays with the participants.
From the slides
The slides list the contract in four points: collect subscriptions from members; manage and invest the money for the members' benefit; the managing body may deduct a sum for the effort of management only; and the surplus is reinvested in the fund, never paid to the managing company.
Lecture 4 · Block 8–10

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

  1. The insurer
  2. The insured
  3. The specific risk
  4. The insurance installment — paid by the insured to the company
  5. The insurance amount — paid by the company
Mnemonic
"Two people, a risk, two payments."

Five conditions of the risk

  1. Uncertain — its happening must not be certain.
  2. Not intentional.
  3. Not prohibited by law.
  4. A future event.
  5. A regular / ordinary danger.
Mnemonic — U.N.P.F.R.
Uncertain, Not intentional, not Prohibited, Future, Regular.

Three types

P
Insuring people
Life — a monetary benefit to the decedent's family (income, burial, funeral; lump sum or annuity). Casualty — accidents not tied to specific property: auto, workers' compensation, some liability.
P
Property insurance
Physical assets against damage or loss — fire, water damage to goods, theft of cash, livestock death, crop spoilage.
L
Liability insurance
Against the financial or legal consequences of harming a third party — e.g. a car owner insuring against damage their vehicle causes others.
Mnemonic — P.P.L.
People, Property, Liability. Notice the direction shifts: People and Property protect you; Liability protects others from you.
Lecture 4 · Block 11–12

16 Why commercial insurance is prohibited — and the three exceptions

Three reasons, not one
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.
Common mistake
Naming only gharar. It is a three-part combination — and you must know which riba maps to which payout: more-than-paid = faḍl; equal-to-paid = nasī'ah; nothing-paid = plain illegitimate taking.

Three exceptions

D
Dependent, not original
Offered as a bundled service rather than for cash — a plane ticket that includes insurance, a rental car that comes with it.
N
Necessity
Living where the health system relies on commercial health insurance, or where car insurance is legally mandatory and only commercial cover exists.
F
Free
Given to employees as a company concession or benefit.
Mnemonic — D.N.F.
Dependent → Necessity → Free. Each exception removes one of the three prohibition reasons: bundling stops it being a standalone compensation-for-cash contract, necessity is a classic fiqh override, and "free" removes the premium-for-payout exchange entirely.
Lecture 4 · Block 14

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
Mnemonic
Five contrasts, one pattern: everything about Commercial is individual and profit-facing; everything about Collaborative is shared and solidarity-facing.
Exam radar

18 Highest-yield items for the midterm

What to check last — Lectures 1–2 first, then Lectures 3–4
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.
Final check

19 Flashcard glossary

Click or press Enter on a card to flip it. If you hesitate on one, go back to the block above it.