Islamic Contract Law: Classification of

Mal

According to Shariah Value

Property (mal) can be classified according to whether its value and use are recognised by Shariah.

In terms of value, mal is divided into two types:

1.

Mutaqawwim

— Valuable Property

Mutaqawwim refers to property that a person is permitted by Shariah to possess and benefit from.

In other words, it has a lawful and recognised use.

Examples

• Car
• House
• Clothing
• Gold
• Halal food

For example, a car is mutaqawwim because a person may lawfully own it, use it, sell it, or benefit from it.

Mutaqawwim = property with recognised lawful value under Shariah.

2.

Ghayr Mutaqawwim

— Non-Valuable Property

Ghayr mutaqawwim refers to property whose possession or normal use is not recognised as lawful by Shariah.

Examples

• Wine
• Pig
• Carrion or a dead animal not lawfully slaughtered

These things may have economic value in some societies, but their ordinary use is prohibited under Shariah.

Ghayr mutaqawwim = property whose value or use is not recognised as lawful under Shariah.

Legal Effect of This Classification

One important consequence concerns compensation when property is destroyed.

Destruction of

Mutaqawwim

Property

If a person unlawfully destroys another person’s lawful valuable property, compensation is generally required.

Example

Ahmad damages Ali’s car.

Since the car is mutaqawwim, Ahmad may be required to compensate Ali for the damage.

Destruction of

Ghayr Mutaqawwim

Property

Under the classical approach, if the destroyed property is not recognised as lawful valuable property, compensation may not be required in the same way.

Example

If prohibited property is destroyed, its lack of recognised Shariah value can affect whether compensation is payable.

Contemporary View Regarding Non-Muslim Property

An important qualification is recognised by many contemporary scholars.

A non-halal item belonging to a non-Muslim may still be regarded as that person’s protected property.

Example: Wine Belonging to a Non-Muslim

Suppose a non-Muslim lawfully possesses a bottle of wine, and a Muslim deliberately destroys it.

According to the contemporary view mentioned in the text:

• The wine is recognised as the non-Muslim owner’s property.
• The Muslim should not simply destroy it.
• If the Muslim destroys it, compensation may be required.

This shows that the classification of mal may also depend on whose property it is and the legal context in which the issue arises.

Why This Classification Is Important

The distinction between mutaqawwim and ghayr mutaqawwim affects matters such as:

• Ownership
• Use of property
• Sale and transactions
• Liability for damage
• Compensation when property is destroyed

Simple Summary

Mutaqawwim

Property that Shariah permits a person to possess and benefit from.

Example: Car.

Ghayr Mutaqawwim

Property whose normal possession or use is not recognised as lawful under Shariah.

Examples: Wine, pig, carrion.

Main Legal Effect

If lawful valuable property is destroyed, compensation is generally required.

For certain prohibited items belonging to a non-Muslim, many contemporary scholars recognise the owner’s property interest and may require compensation if another person destroys it.

Easy Way to Remember

Mutaqawwim = lawful value recognised by Shariah

Ghayr mutaqawwim = value/use not ordinarily recognised as lawful by Shariah